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THE PEOPLE, ETC., respondent, v. MICHAEL PACCIONE, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The appellant, Michael Paccione, and his brother, co-defendant Anthony Paccione (see People v. Paccione, 295 A.D.2d 450 [Appellate Division Docket No. 2000-06883, decided herewith]), were jointly tried and convicted of robbery and related crimes based upon their participation in an armed robbery at a Brooklyn Costco store.

Contrary to the appellant's contentions, the trial court properly denied his belated mid-trial application to call an expert witness on the matter of eyewitness identification (see People v. Lee, 96 N.Y.2d 157). The trial court granted the appellant's request for an adjournment to allow him to prepare an offer of proof, but he failed to make a persuasive showing that this case was one in which the jurors would have "benefitted [from] the specialized knowledge of an expert witness" (People v. Lee, 96 N.Y.2d at 162; see People v. Cronin, 60 N.Y.2d 430, 433).

The appellant's remaining contentions are without merit.

S. MILLER, J.P., SCHMIDT, ADAMS and TOWNES, JJ., concur.

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PEOPLE v. PACCIONE
(Jun 10, 2002)