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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. KEVIN MOORE, DEFENDANT-APPELLANT.

To the extent that the uncharged crimes evidence introduced at trial could be viewed as unnecessarily cumulative, any such error was harmless on the basis of the overwhelming evidence establishing defendant's guilt (see People v. Crimmins, 36 N.Y.2d 230) . Defendant's objection to the court's failure to deliver a specific limiting instruction, as it had agreed to do, is unpreserved (People v. Whalen, 59 N.Y.2d 273, 280), and we decline to review it in the interest of justice. Were we to review this claim, we would find the error to be harmless.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. MOORE
(Dec 24, 2002)