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PEOPLE v. DUCKFIELD

149 A.D.2d 726 (1989)

The People of the State of New York, Respondent, v. Arthur Duckfield, Appellant

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

April 24, 1989

Ordered that the judgment is affirmed.

The defendant's claim on appeal that the complainant chose him out of a lineup because he was wearing distinctive clothing was not raised before the hearing court and is therefore not preserved for our review (see, People v Rogers, 135 A.D.2d 588, lv denied 71 N.Y.2d 902). In any event, based upon our review of the record, we find that the hearing court properly determined...

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