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PEOPLE v. HOLLEY

286 A.D.2d 445 (2001)

729 N.Y.S.2d 898

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE HOLLEY, Appellant.

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

Decided August 20, 2001.

Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his identity as the shooter is unpreserved for appellate review since he did not specify this ground in his motion to dismiss at trial (see, CPL 470.05 [2]; People v Gray, 86 N.Y.2d 10; People v Udzinski, 146 A.D.2d 245). In any event, viewing the evidence...

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