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PEOPLE v. RIVAS

Ind. No. 4507/17. Appeal No. 13734. Case No. 2019-2343.

194 A.D.3d 429 (2021)

143 N.Y.S.3d 198

2021 NY Slip Op 02762

The People of the State of New York, Respondent, v. Grilzon Rivas, Appellant.

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

Decided May 4, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( David Crow of counsel), White & Case LLP, New York ( Vatsala Sahay of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Meghan McLoughlin of counsel), for respondent.

Concur— Gische, J.P., Mazzarelli, Oing, González, JJ.

Defendant did not preserve his challenges to certain portions of the court's Allen charge, and we decline to review them in the interest of justice. Although defense counsel requested that the court declare a mistrial rather than delivering an Allen charge, he took no exception to any language in the charge, despite sufficient opportunity to do so after the charge was given (see People v Gonzales, 171 A.D.3d 631, 632 [1st Dept 2019], lv denied...

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