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People v. Goines

235 A.D.2d 432 Court N.Y. App. Div. Decision date 1997-01-13 English

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p. 432
The People of the State of New York, Respondent, v Anthony Goines, Appellant.
[652 NYS2d 539]

Appeal by the defendant from a judgment of the Supreme Court, Queens County

p. 433
(Roman, J.), rendered July 1, 1994, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Rosario violations claimed by the defendant are unpreserved for appellate review (see, People v Kane, 85 NY2d 1024 , 1027; People v Rogelio, 79 NY2d 843 , 844; People v Wright, 204 AD2d 372 , 373; People v Ciro, 195 AD2d 568 , 569). The defendant’s contention that he is entitled to a new trial because of prosecutorial misconduct is similarly unpreserved for appellate review (see, People v Comer, 73 NY2d 955 ; People v Medina, 53 NY2d 951 ). We decline to reach these issues in the exercise of our interest of justice jurisdiction. O’Brien, J. P., Florio, McGinity and Luciano, JJ., concur.

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