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People v. Brewer

224 A.D.2d 294 Court N.Y. App. Div. Decision date 1996-02-15 English

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p. 294
The People of the State of New York, Respondent, v Joseph Brewer, Appellant.
[638 NYS2d 304]

—Judgment, Supreme Court, New York County (Thomas Galligan, J.) rendered October 14, 1993, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him to concurrent terms oi 21h to 7 years, unanimously affirmed.

Defendant’s claim that the trial court failed to instruct the jurors to keep the four incidents separate in their minds is not preserved for appellate review as a matter of law (see, People v Drake, 204 AD2d 479 , lv denied 84 NY2d 907 ) and we decline to review it in the interest of justice. Were we to review it, we would find it to be without merit in light of the charge as a whole, which properly conveyed the appropriate standard (see, People v Hall, 169 AD2d 778 ). We likewise find defendant’s challenge to the prosecutor’s summation unpreserved and without merit. Concur — Sullivan, J. P., Milonas, Ellerin, Rubin and Kupferman, JJ.

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