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PEOPLE v. THOMAS

2010-02672

90 A.D.3d 1080 (2011)

935 N.Y.S.2d 329

2011 NY Slip Op 9683

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOKER THOMAS, Appellant.

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

Decided December 27, 2011.

Ordered that the judgment is affirmed.

Contrary to the People's contention, the defendant's claim that his due process and fair trial rights were violated by the failure of police to record his interrogation on video was sufficiently preserved for appellate review (see CPL 470.05 [2]). However, the defendant's claim in this regard is without merit (see People v Cass, 79 A.D.3d 768, 769 [2010], lv granted

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