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PEOPLE v. SPINELLI

2008-10927.

79 A.D.3d 1152 (2010)

913 N.Y.S.2d 582

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY SPINELLI, Appellant.

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

Decided December 28, 2010.

Ordered that the judgment is affirmed.

The defendant's contention that the trial court erred in denying his request for a missing witness charge is unpreserved for appellate review since the specific arguments he now makes were not raised before the trial court (see CPL 470.05 [2]; People v Lopez, 19 A.D.3d 510, 511 [2005]). In any event, the contention is without merit, as the defendant failed to demonstrate...

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