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PEOPLE v. LYONS

7477. 3160/13.

165 A.D.3d 597 (2018)

86 N.Y.S.3d 66

2018 NY Slip Op 07258

The People of the State of New York, Respondent, v. Chadd Lyons, Appellant.

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

Decided October 30, 2018.

Defendant did not preserve his present challenge to the court's response to a jury note. At a colloquy about the court's response, defense counsel alluded, at most (see People v Borrello, 52 N.Y.2d 952 [1981]), to the principle that he now claims should have been charged to the jury, but he never directly and clearly made such a request. Furthermore, when the court announced the instruction it intended to deliver, counsel agreed...

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