People v. Santana

121 A.D.2d 236, 502 N.Y.S.2d 751, 1986 N.Y. App. Div. LEXIS 58225

Opinion

Judgment of the Supreme Court, New York County (Joan Carey, J.), rendered on November 8, 1984, convicting defendant, following a jury trial, of burglary in the second degree and criminal possession of stolen property in the third degree and sentencing him, as a predicate violent felon, to an indeterminate prison term of from 4 to 8 years to be served concurrently with a one-year term, is affirmed.

The trial court did not abuse its discretion in declining the jury’s request to reread the defense counsel’s summation. A summation is only one party’s argument and does not constitute evidence. Consequently, we agree with the conclusion reached by the Second Department in People v Jones (106 AD2d 585). Concur — Kupferman, J. P., Sullivan, Carro and Milonas, JJ.