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PEOPLE v. BALIUKONIS

35 A.D.3d 626 (2006)

829 N.Y.S.2d 112

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RIMVYDAS BALIUKONIS, Appellant.

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

Decided December 12, 2006.

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

The defendant's contention that the People failed to prove his identity as one of the perpetrators beyond a reasonable doubt is unpreserved for appellate review since he did not specify this ground in his motion to dismiss at trial (see CPL 470.05 [2]; People v Rodriguez, 86 N.Y.2d...

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