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PEOPLE v. BENNETT

245 A.D.2d 82 (1997)

665 N.Y.S.2d 868

The People of the State of New York, Respondent, v. Marlon Bennett, Appellant

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

December 9, 1997

Defendant's challenge to the court's response to a jury's note is unpreserved for appellate review (CPL 470.05 [2]; see, People v DeRosario, 81 N.Y.2d 801), and we decline to reach it in the interest of justice. Were we to consider it, we would find that the court properly responded to the jury's note and correctly explained the element of unlawful intent as it related to...

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