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PEOPLE v. FOSTER

42 A.D.2d 801 (1973)

The People of the State of New York, Respondent, v. Robert Foster, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 19, 1973

We find that the challenged errors in the identification process both before and during the trial were before us on the appeal from the original judgment of conviction. (People v. Foster, 38 A.D.2d 989.) An appeal from alleged errors committed at the trial is not available on an appeal from a resentence, especially where defendant appealed from the original judgment of conviction. (People v. Chirco, 19 A.D...

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