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PEOPLE v. SANCHEZ

308 A.D.2d 421 (2003)

764 N.Y.S.2d 825

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEJANDRO SANCHEZ, Appellant.

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

Decided September 30, 2003.

Defendant's challenges to the court's charge and the prosecutor's summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the evidence clearly warranted an instruction on acting in concert (see Penal Law § 20.00; People v Allah, 71 N.Y.2d 830 [1988]), and that the prosecutor's comment on defendant's failure to call his wife as an additional...

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