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People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1998
247 A.D.2d 404 (N.Y. App. Div. 1998)

Opinion

February 2, 1998

Appeal from the Supreme Court, Queens County (Rosenzweig, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court meaningfully responded to the jury's request for a readback of certain testimony ( see, People v. Malloy, 55 N.Y.2d 296, 301, cert denied 459 U.S. 847; People v. Santiago, 231 A.D.2d 652; People v. Elie, 150 A.D.2d 719; People v. Carrero, 140 A.D.2d 533). The court advised the jury that it would conduct the readback when the appropriate portions of the transcript were located, and indicated its willingness to abide by the wishes of the jury ( see, People v. Santiago, supra; People v. Elie, supra). The fact that the jury withdrew its request before the court conducted the readback does not warrant reversal ( see, People v. Carrero, supra).

The defendant's remaining contentions are either unpreserved for appellate review or lacking in merit.

Mangano, P.J., Bracken, Copertino and Santucci, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1998
247 A.D.2d 404 (N.Y. App. Div. 1998)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH DAVIS, Appellant

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

Date published: Feb 2, 1998

Citations

247 A.D.2d 404 (N.Y. App. Div. 1998)
668 N.Y.S.2d 470

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