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PEOPLE v. LOVALL

286 A.D.2d 863 (2001)

730 N.Y.S.2d 472

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN LOVALL, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided September 28, 2001.

Judgment unanimously affirmed.

Memorandum:

The contention of defendant on appeal concerning the alleged error in County Court's refusal to give a missing witness instruction differs from his contention before County Court, and thus defendant has failed to preserve his present contention for our review (see generally, People v Collins, 277 A.D.2d 1021, lv denied 96...

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