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PEOPLE v. WOOD

40 A.D.3d 663 (2007)

835 N.Y.S.2d 414

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELLIS WOOD, Appellant.

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

Decided May 1, 2007.

Ordered that the judgment is affirmed.

The defendant contends that the hearing court erred in denying that branch of his omnibus motion which was to suppress his videotaped statement to law enforcement officials because it was made subsequent to his invocation of the right to counsel. While this issue was not raised before the hearing court, the claimed deprivation of that constitutional right may be raised for the first time on appeal (see People v Kinchen,

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