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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY GOINES, Appellant.

Ordered that the judgment is affirmed.

The Rosario violations claimed by the defendant are unpreserved for appellate review ( see, People v Kane, 85 NY2d 1024, 1027; People v Rogelio, 79 NY2d 843, 844; People v Wright, 204 AD2d 372, 373; People v Ciro, 195 AD2d 568, 569). The defendant's contention that he is entitled to a new trial because of prosecutorial misconduct is similarly unpreserved for appellate review ( see, People v Comer, 73 NY2d 955; People v Medina, 53 NY2d 951). We decline to reach these issues in the exercise of our interest of justice jurisdiction.

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PEOPLE v. GOINES
(Jan 13, 1997)