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PEOPLE v. JIMENEZ

232 A.D.2d 210 (1996)

647 N.Y.S.2d 947

The People of the State of New York, Respondent, v. Rafael Jimenez, Appellant

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

October 8, 1996

Defendant's claim, that decedent's spouse's lineup identification was tainted by her inadvertent viewing of a wanted poster in her sister-in-law's car, is unpreserved as a matter of law, never having been raised at Criminal Term (CPL 470.05 [2]), and we decline to review it in the interest of justice. Were we to reach this issue, we would find that the fortuitous viewing was neither police arranged nor an identification procedure (People v Brown, 159...

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