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179 A.D.2d 1047

People v. Smith

Appellate Division of the Supreme Court of the State of New York · decided 1992-01-31

Decided 1992-01-31

¶1Defendant failed to preserve for our review his contention that the trial court’s charge on the burglary count was inadequate and thereby deprived him of a fair trial (see, CPL 470.05 [2]). In any event, that contention lacks merit.

¶2Finally, the trial court properly rejected defendant’s attempt to introduce into evidence his statement to police following his arrest (see, People v Brown, 159 AD2d 956, lv denied 78 NY2d 1009). (Appeal from Judgment of Monroe County Court, Connell, J. — Burglary, 2nd Degree.) Present— Callahan, J. P., Doerr, Green, Lawton and Davis, JJ.

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