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PEOPLE v. CHARLOTTE

281 A.D.2d 254 (2001)

721 N.Y.S.2d 771

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE CHARLOTTE, Appellant.

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

Decided March 15, 2001.

Defendant's suppression motion was properly denied. Defendant's present argument for suppression of the lineup identification is unpreserved for appellate review (People v Tutt, 38 N.Y.2d 1011), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the eyewitness's inadvertent viewing of the fillers prior to the lineup resulted from his failure to follow police instructions and was...

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