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People v. James

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1999
259 A.D.2d 709 (N.Y. App. Div. 1999)

Opinion

March 22, 1999

Appeal from the County Court, Westchester County (Murphy, J.).


Ordered that the judgment is affirmed.

The defendant has failed to preserve for appellate review his contention that the hearsay testimony presented at the Wade hearing was insufficient to establish the confirmatory nature of the identification made by one of the witnesses (see, CPL 470.05; People v. Garcia, 216 A.D.2d 412; People v. Campbell, 187 A.D.2d 442). In any event, the contention is without merit (see, People v. Terry, 224 A.D.2d 202).

Since the People did not exhaust their peremptory challenges, the defendant's challenge to the removal of one of the prospective jurors for cause is not reviewable on appeal (see, CPL 270.20; People v. Velez, 223 A.D.2d 414).

The contention raised in the defendant's supplemental pro se brief is without merit.

S. Miller, J. P., Santucci, Krausman and Luciano, JJ., concur.


Summaries of

People v. James

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1999
259 A.D.2d 709 (N.Y. App. Div. 1999)
Case details for

People v. James

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK JAMES, Appellant

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

Date published: Mar 22, 1999

Citations

259 A.D.2d 709 (N.Y. App. Div. 1999)
688 N.Y.S.2d 163

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