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PEOPLE v. PINEDA-MARRERO

283 A.D.2d 178 (2001)

724 N.Y.S.2d 593

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE PINEDA-MARRERO, Appellant.

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

Decided May 1, 2001.

Defendant failed to preserve his challenge to the court's instruction that the jury had the option of terminating a requested readback of testimony by signaling, through the foreperson, that it had heard the desired testimony, and we decline to review it in the interest of justice. Were we to review this claim, we would find that the procedure followed by the court was a proper exercise of discretion (see, People v Chavez, 280 A.D.2d 350

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