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PEOPLE v. BYRD

2006-09076.

2008 NY Slip Op 06381

THE PEOPLE, ETC., respondent, v. CARLTON BYRD, appellant.

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

Decided July 22, 2008.

Attorney(s) appearing for the Case

John R. Lewis, Sleepy Hollow, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wager, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

Before: PETER B. SKELOS, J.P., JOSEPH COVELLO, JOHN M. LEVENTHAL, ARIEL E. BELEN, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the testimony of a jailhouse informant was improperly admitted at trial because the informant was an agent of the police is without merit (see Massiah v. U.S., 377 U.S. 201, 206; People v. Cardona, 41 N.Y.2d 333, 335; People v. Lewis, 273 A.D.2d 254

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