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PEOPLE v. McDONALD

2008-00332.

82 A.D.3d 1125 (2011)

918 N.Y.S.2d 784

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD McDONALD, Appellant.

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

Decided March 22, 2011.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his claims that a lineup was unduly suggestive because of the purported disparities in height and weight between himself and the fillers, or because of a detective's comment to a witness that the police had arrested someone (see CPL 470.05 [2]; People v Saunders, 306 A.D.2d 502 [2003]). In any event, our review of the...

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