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PEOPLE v. HARPER

32 A.D.3d 16 (2006)

818 N.Y.S.2d 113

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALLEN HARPER, Appellant.

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

June 6, 2006.

Attorney(s) appearing for the Case

Allen Harper, pro se, and Lynn W. L. Fahey, New York City (De Nice Powell of counsel), for Allen Harper, appellant.

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove, Adam S. Charnoff, Joyce Slevin, Thomas S. Burka and Thomas M. Ross of counsel), for respondent.

SCHMIDT, J.P., SANTUCCI and LUCIANO, JJ., concur.

OPINION OF THE COURT

SPOLZINO, J.

The principal issue presented on this appeal is whether the Supreme Court erred in explaining to the jury, in the course of giving preliminary instructions, the elements of each of the three robbery counts with which the defendant was charged. The defendant argues, on the basis of People v Mollica (267 A.D.2d 479 [1999]), that giving such instructions constitutes reversible error...

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