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PEOPLE v. MOTA

243 A.D.2d 316 (1997)

664 N.Y.S.2d 529

The People of the State of New York, Respondent, v. Bienvenido Mota, Also Known as Mota Bienvenidio, Appellant

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

October 16, 1997

Defendant's claim that the court erred in not suppressing the undercover officer's confirmatory identification of defendant is not preserved by appropriate argument at the hearing (People v Brimage, 214 A.D.2d 454, lv denied 86 N.Y.2d 732), and we decline to review it in the interest of justice.

The existing record, which defendant has not yet sought to amplify by way of a motion pursuant to CPL 440.10, does not negate...

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