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PEOPLE v. ALVAREZ

51 A.D.3d 470 (2008)

856 N.Y.S.2d 111

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GIANCARLO ALVAREZ, Appellant.

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

Decided May 6, 2008.

Defendant's challenges to the admissibility of evidence and to the court's jury instructions are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits, except that we find the court's receipt of testimony concerning photographic identifications to be harmless error (see People v Johnson, 32 N.Y.2d 814, 816 [1973]).

Defendant's ineffective assistance...

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