Judgment unanimously affirmed.
Memorandum:
The contention of defendant that Supreme Court erred in denying his motion to suppress the out-of-court identification because the photograph of him was obtained in violation of 20 USC § 1232g (b) is unpreserved for our review (see, CPL 470.05 [2]). Assuming, arguendo, that the statute was violated, we conclude that the "violation did not infringe upon any constitutional right of the defendant sufficient...
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