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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM T. LOMACK, Appellant.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of robbery in the first degree (Penal Law § 160.15), defendant contends that his right to due process was violated by the failure of the police to record his interrogation. Defendant failed to preserve that contention for our review ( see CPL 470.05) and, in any event, it lacks merit. "[T]his Court has repeatedly determined that the failure to record a defendant's interrogation electronically does not constitute a denial of due process" ( People v Malave, 52 AD3d 1313, 1315, lv denied 11 NY3d 790; see e.g. People v Mendez, 50 AD3d 1526, lv denied 11 NY3d 739; People v Williams, 39 AD3d 1200, lv denied 9 NY3d 853).

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PEOPLE v. LOMACK
(Jun 5, 2009)