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PEOPLE v. YAMYLE

208 A.D.2d 466 (1994)

617 N.Y.S.2d 329

The People of the State of New York, Respondent, v. Moises Yamyle, Appellant

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

October 27, 1994

A review of the lineup photograph indicates that defendant's shirt was not so conspicuous, or dissimilar in appearance to shirts worn by the fillers, as to call undue attention to defendant (see, People v Torres, 182 A.D.2d 587, lv denied 80 N.Y.2d 897).

Defendant failed to preserve his current claim that his waiver of a jury trial was not knowing and intelligent (CPL 470...

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