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PEOPLE v. CUBERO

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34 N.Y.3d 976 (2019)

136 N.E.3d 747

2019 NY Slip Op 07641

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL CUBERO, Appellant. STATE OF NEW YORK, Intervenor-Respondent.

Court of Appeals of New York.

Decided October 24, 2019.

Attorney(s) appearing for the Case

George J. Hoffman, Jr. , East Greenbush, for appellant.

Rachel P. Dunn , Special Prosecutor and Inspector General, Delmar ( Caitlin J. Halligan and Jacqueline Kagan of counsel), for respondent.

Letitia James , Attorney General, New York City ( Barbara D. Underwood , Andrew W. Amend , Anisha S. Dasgupta and Patrick A. Woods of counsel), for intervenor-respondent.

Scott M. Danner , Matthew Bova and Edward E. Smith , New York City, Robert S. Dean , Center for Appellate Litigation, New York City, and Christina A. Swarns , Office of the Appellate Defender, New York City, for New York County Lawyers Association Committee on Appellate Courts and others, amici curiae.

Judges STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur; Judge RIVERA concurs in result in an opinion; Chief Judge DiFIORE taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

It is undisputed that defendant failed to preserve for our review his contention that Executive Law § 552 violates the State Constitution (see CPL 470.05[2]; People v Davidson, 27 N.Y.3d 1083, 1086 [2016]). The Appellate Division declined to exercise its power to review that contention as a matter of discretion...

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