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PEOPLE v. JOSEPH

2007-10747.

74 A.D.3d 840 (2010)

901 N.Y.S.2d 530

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN JOSEPH, Appellant.

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

Decided June 1, 2010.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his challenge to the legal sufficiency of the identification evidence (see CPL 470.05 [2]; People v Hawkins, 11 N.Y.3d 484, 492 [2008]). Although the defendant raised an issue as to the sufficiency of the identification evidence in his motion to set aside the verdict, made at sentencing, raising a contention for the first...

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