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PEOPLE v. THOMAS

75 N.Y.2d 888 (1990)

The People of the State of New York, Respondent, v. Martin Thomas, Appellant.

Court of Appeals of the State of New York.

Decided March 22, 1990.

Attorney(s) appearing for the Case

Robert S. Dean and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney (Linda Breen, Jay M. Cohen and Roseann B. MacKechnie of counsel), for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

Order affirmed. Defendant's request for the plea and sentence minutes of his accomplice as Rosario material (People v Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866), asserted for the first time on appeal under CPL 380.70, is unpreserved because it was made to the trial court on a bare claim of entitlement with no specific response to the court's request for a relevant legal predicate. The other claimed errors in the...

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