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PEOPLE v. SINGH

5 A.D.3d 403 (2004)

771 N.Y.S.2d 908

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAILESH SINGH, Appellant.

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

March 1, 2004.

Ordered that the judgment is affirmed.

The defendant's contention that the People failed to timely turn over an audiotape of a pertinent 911 telephone call pursuant to Brady v Maryland (373 U.S. 83 [1963]) is unpreserved for appellate review (see CPL 470.05 [2]). In any event, since the defendant knew of the evidence and its exculpatory nature well in advance of trial (see...

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