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PEOPLE v. RIVERA-LOPEZ

281 A.D.2d 233 (2001)

721 N.Y.S.2d 769

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GILBERT RIVERA-LOPEZ, Appellant.

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

Decided March 13, 2001.

Defendant's challenge to the court's jury instructions concerning the caution it must exercise in its evaluation of an unavailable eyewitness's exculpatory hearsay statement (see, People v Robinson, 89 N.Y.2d 648) is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that to the extent that the court's generally appropriate instructions may have contained language that...

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