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PEOPLE v. SMALL

175 A.D.2d 223 (1991)

The People of the State of New York, Respondent, v. Stanley Small, Appellant

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

July 15, 1991

Ordered that the judgment is affirmed.

The defendant contends that reversal is warranted because the People failed to prove beyond a reasonable doubt that the complainant reliably and accurately identified the defendant as the robber. However, since the defendant did not raise this ground in his motion for a trial order of dismissal, the issue is unpreserved for appellate review (see, CPL 470.05 [2]; People v Bynum, 70 N.Y.2d 858

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