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PEOPLE v. McDANIEL

255 A.D.2d 604 (1998)

682 N.Y.S.2d 607

The People of the State of New York, Respondent, v. Nathan G. McDaniel, Appellant

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

November 30, 1998

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his claim that the prosecutor referred to matters not in evidence. Although counsel for the codefendant moved for a mistrial on this issue, counsel for the defendant did not (see, CPL 470.05 [2]; People v Witherspoon, 157 A.D.2d 811).

In any event, we find no merit to this claim or to the defendant's remaining claim...

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