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PEOPLE v. MOSQUEA

18 A.D.3d 228 (2005)

794 N.Y.S.2d 51

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELVIS MOSQUEA, Appellant.

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

May 5, 2005.

By pleading guilty, defendant waived his claim that his arrest and lineup identification resulted from DNA evidence that had been obtained in violation of the sealing requirements of CPL 160.50 (People v Hansen, 95 N.Y.2d 227, 230 [2000]). Even if we were to conclude that CPL 710.70 (2) permitted defendant to raise this issue despite his guilty plea, we would find no basis for reversal. The record does not establish a violation of...

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