PEOPLE v. GREEN

16388, 1187/12.

134 A.D.3d 501 (2015)

20 N.Y.S.3d 528

2015 NY Slip Op 09198

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID GREEN, JR., Appellant.

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

Decided December 15, 2015.


Since defendant's objection to the court's response to a jury note was on very different grounds from the position he takes on appeal, he did not preserve his contention that the court failed to meaningfully respond to the jury's request for clarification of the relationship between constructive possession and physical proximity, and we decline to review it in the interest of justice. As an alternative holding, we find that the court properly instructed the jury that physical...

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