It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him after a jury trial of burglary in the second degree (Penal Law § 140.25 [2]) and criminal trespass in the third degree (§ 140.10 [a]). Defendant failed to preserve for our review his contention that the photo array was unduly suggestive because he was the only subject therein with protruding...
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