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PEOPLE v. HENRY

306 A.D.2d 539 (2003)

761 N.Y.S.2d 853

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY HENRY, Appellant.

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

Decided June 30, 2003.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, by not excepting to the Supreme Court's curative instruction regarding a question he was asked by the prosecution pertaining to his prearrest silence, the defendant failed to preserve for appellate review his claim with respect to the curative instruction (see People v Basora, 75 N.Y.2d 992 [1990]; People v Slack, 131 A...

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