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THE PEOPLE, ETC., respondent, v. CARL WARRING, appellant. (Ind. No. 6638/97)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the showup identification procedure employed here was unnecessary under the circumstances of this case (see, CPL 470.05[2]; People v. Douglas, 254 A.D.2d 367 ). In any event, the showup procedure was proper (see, Matter of David B., 244 A.D.2d 405 ; People v. Rodney, 237 A.D.2d 541 ;People v. Yearwood, 197 A.D.2d 554 ).

The defendant's remaining contention is without merit.

O'BRIEN, J.P., RITTER, SULLIVAN, and SMITH, JJ., concur.

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PEOPLE v. WARRING
(Mar 30, 2000)