PEOPLE v. CRUZ


265 A.D.2d 197 (1999)

696 N.Y.S.2d 678

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS CRUZ, Appellant.

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

Decided October 14, 1999.


Defendant failed to preserve his present challenge to the court's response to a note from the deliberating jury concerning the significance of the nonrecovery of prerecorded buy money, and we decline to review it in the interest of justice. Were we to review this claim, we would find that, viewing the charge and the supplemental charge as a whole (see, People v Garcia, 232 A.D.2d 270, lv denied 89 N.Y.2d 922), the instructions...

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