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PEOPLE v. RIVERA

259 A.D.2d 637 (1999)

687 N.Y.S.2d 390

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELMER RIVERA, Appellant.

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

Decided March 15, 1999.

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his claim that the Trial Judge erred in failing to give an expanded identification charge to the jury. The defendant's counsel failed to request such a charge and cannot rely on the request of the codefendant to preserve his claim (see, People v Buster, 245 A.D.2d 460; People v Laboy, 208 A.D.2d 954

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