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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BILLY DEJESUS, Also Known as JASON DEJESUS, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the challenged identification procedure was merely confirmatory ( see People v. Rodriguez, 79 NY2d 445; People v. Wharton, 74 NY2d 921). Thus, the notice and hearing requirements of CPL 710.30 were inapplicable ( see People v. Kahley, 214 AD2d 960).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

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PEOPLE v. DEJESUS
(Jun 27, 2005)