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PEOPLE v. BATTICKS

No. 41

35 N.Y.3d 561 (2020)

159 N.E.3d 758

135 N.Y.S.3d 34

2020 NY Slip Op 05840

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JONATHAN BATTICKS, Appellant.

Court of Appeals of New York.

Decided October 20, 2020.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York City ( Jonathan R. McCoy , of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Rebecca Hausner and Hilary Hassler , of counsel), for respondent.

OPINION OF THE COURT

This appeal by defendant presents the issue we found unpreserved on the appeal of his codefendant (People v Bailey, 32 N.Y.3d 70, 82 [2018])—namely, whether the trial court abused its discretion as a matter of law in giving the jury a curative instruction...

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