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PEOPLE v. RUSH

230 A.D.2d 924 (1996)

646 N.Y.S.2d 872

The People of the State of New York, Respondent, v. Leroy Rush, Appellant

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

August 26, 1996

Ordered that the judgment is affirmed.

The defendant's contention that the police officer's pretrial hearing testimony failed to establish that his appearance matched the eyewitness descriptions of the perpetrator, which is raised for the first time on appeal, is unpreserved for appellate review (see, CPL 470.05 [2]; People v Weston, 56 N.Y.2d 844, 845). In any event, based on its own review of the lineup photographs...

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