PEOPLE v. PAGAN


248 A.D.2d 325 (1998)

670 N.Y.S.2d 831

The People of the State of New York, Respondent, v. Oscar Pagan, Appellant

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

March 31, 1998


Since defendant's preclusion motion was based on a completely different ground, his present claim that the court should have precluded the in-court identification of an eyewitness for lack of notice pursuant to CPL 710.30 (1) (b) is unpreserved for appellate review as a matter of law, and we decline to review it in the interest of justice. If we were to review defendant's claim, we would find it to be without merit since under the circumstances of this case, the People were...

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