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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DESMOND JONES, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the People's failure to preserve and disclose a photograph taken of him after his arrest does not require reversal under the circumstances of this case ( see, People v. Wallace, 76 N.Y.2d 953; People v. Kelly, 62 N.Y.2d 516; People v. Rodriguez, 210 A.D.2d 266; People v. Kelly, 194 A.D.2d 693; CPL 240.20; 240.70 [1]).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.

Bracken, J.P., O'Brien, Santucci and Altman, JJ., concur.

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PEOPLE v. JONES
(Apr 20, 1998)