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PEOPLE v. CUFFEE

1494.

67 A.D.3d 543 (2009)

888 N.Y.S.2d 397

2009 NY Slip Op 08480

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEKE CUFFEE, Appellant.

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

Decided November 19, 2009.

Defendant's challenge to the court's reasonable doubt charge is of a type that requires preservation (see People v Thomas, 50 N.Y.2d 467, 472 [1980]), and we decline to review this unpreserved claim in the interest of justice. As an alternative holding, we find no basis for reversal. The instruction was not constitutionally deficient, because it unequivocally informed the jury that the People had the burden of proving every element...

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