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PEOPLE v. GOMEZ

308 A.D.2d 460 (2003)

764 N.Y.S.2d 109

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL GOMEZ, Appellant.

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

Decided September 8, 2003.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant's contention that the evidence was legally insufficient to prove his identity as the perpetrator is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 N.Y.2d 10 [1995]; People v Washington, 305 A.D.2d 433 [2003]). In any event, viewing the evidence in the light...

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