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People v. Gutierrez

115 A.D.2d 660 Court N.Y. App. Div. Decision date 1985-12-23 English

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p. 660
The People of the State of New York, Respondent, v Daniel Gutierrez, Appellant.

Appeal by defendant from a judgment of the County Court, Suffolk County (Doyle, J.), rendered April 13, 1981, convicting him of attempted rape in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant failed to object to either the in-court identifications or to the charge on the grounds upon which he now requests reversal. Accordingly, his claims are not preserved for appellate review (see, CPL 470.05 [2]) and we see no reason to reverse the judgment based upon those issues, in the interest of justice. Mollen, P. J., Thompson, Niehoff and Fiber, JJ., concur.