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PEOPLE v. McNAB

6247, 1954/07

90 A.D.3d 455 (2011)

934 N.Y.S.2d 381

2011 NY Slip Op 8820

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RADCLIFFE McNAB, Appellant.

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

Decided December 8, 2011.

Although defendant requested disclosure of an undercover officer's name, he did not sufficiently alert the court to his claim that permitting the undercover officer to testify under his shield number violated his right of confrontation, and the court did not "expressly decide[ ]" the issue "in re[s]ponse to a protest by a party" (CPL 470.05 [2]; see People v Colon, 46 A.D.3d 260, 263 [2007]). Accordingly, defendant did not preserve...

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