PEOPLE v. STEPHENS


151 A.D.2d 974 (1989)

The People of the State of New York, Respondent, v. Mary Stephens, Appellant

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

June 2, 1989


Judgment unanimously affirmed.

Memorandum:

On appeal from a judgment of conviction of third degree robbery, defendant contends that identification testimony was improperly admitted because it was the result of an unduly suggestive showup. Since defense counsel failed to challenge the showup in her omnibus motion and specifically agreed that there was no Wade issue, the issue has not been preserved for appellate review (CPL 470.05 [2]) and we decline...

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