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PEOPLE v. RODRIQUEZ

76 A.D.2d 937 (1980)

The People of the State of New York, Respondent, v. Carlos Rodriquez, Appellant

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

June 30, 1980

Judgment affirmed.

Defendant, in raising the defense of agency for the first time on appeal, has waived appellate review of this issue as a matter of law (see CPL 470.05, subd 2; People v Darrisaw, 49 N.Y.2d 786). We find nothing in the record before us warranting our review as a matter of discretion in the interest of justice (see CPL 470.15, subd 5; People v Sims, 45 A.D.2d 747

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