PEOPLE v. RIVERA


233 A.D.2d 344 (1996)

649 N.Y.S.2d 477

The People of the State of New York, Respondent, v. Gilbert Rivera, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 4, 1996


Ordered that the judgment is affirmed.

The defendant's contention that the court denied him an opportunity to participate in formulating a response to a note sent by the jury during deliberations is not preserved for appellate review. The court showed the contents of the note to defense counsel and also read the note into the record in the presence of the jury. At that time, pursuant to an agreement between the court, the prosecutor, and defense counsel, the court...

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