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PEOPLE v. CALDWELL

2006-10263.

2008 NY Slip Op 07255

THE PEOPLE, ETC., respondent, v. JAY CALDWELL, appellant.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Argiro Kosmetatos and Elana L. Yeger of counsel), for respondent.

Before: Robert A. Spolzino, J.P., David S. Ritter, Mark C. Dillon, Thomas A. Dickerson, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant contends that the evidence was legally insufficient to establish his guilt because the People's witnesses were not credible and his witnesses were credible. This contention is unpreserved for appellate review since he did not specify those grounds in his motion to dismiss at trial (see CPL 470.05[2]; People v Gray, 86 N.Y.2d 10, 19...

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