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People v. Swinson

Appellate Division of the Supreme Court of New York, Second Department
May 13, 1996
227 A.D.2d 508 (N.Y. App. Div. 1996)

Opinion

May 13, 1996

Appeal from the Supreme Court, Kings County (Pincus, J.).


Ordered that the judgment is affirmed.

The hearing court, which saw and heard the witnesses, found that the lineup in question was not suggestive ( see, e.g, People v. Prochilo, 41 N.Y.2d 759), and we find no reason on this record to disturb its determination. Moreover, in light of the defendant's failure to request any relief at trial regarding the alleged Rosario violation, the defendant's claim in this regard is unpreserved for appellate review ( see, CPL 470.05; People v. Rogelio, 79 N.Y.2d 843).

The defendant's remaining contentions are either unpreserved for appellate review, without merit, or not otherwise properly before this Court. Thompson, J.P., Santucci, Joy and Altman, JJ., concur.


Summaries of

People v. Swinson

Appellate Division of the Supreme Court of New York, Second Department
May 13, 1996
227 A.D.2d 508 (N.Y. App. Div. 1996)
Case details for

People v. Swinson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROY SWINSON, Appellant

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

Date published: May 13, 1996

Citations

227 A.D.2d 508 (N.Y. App. Div. 1996)
643 N.Y.S.2d 364

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