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PEOPLE v. WATSON

Appellate Division of the Supreme Court of New York, First Department.
May 4, 1995

Defendant's brief detention in the vicinity of the crime scene for the purpose of a showup identification by the victim was supported by reasonable suspicion that defendant had committed the attempted robbery the victim had reported to the police only moments before (People v Hicks, 68 N.Y.2d 234), and probable cause for arrest existed once the victim made the identification (People v Miller, 194 A.D.2d 506, lv denied 82 N.Y.2d 928). Defendant's claims of prosecutorial misconduct in examining a defense witness and failing to furnish Rosario material are not preserved for appellate review as a matter of law (People v Rosado, 191 A.D.2d 255, lv denied 81 N.Y.2d 1019; People v Laguer, 195 A.D.2d 483, lv denied 82 N.Y.2d 756), and in any event are without merit (see, Richardson, Evidence § 485 [Prince 10th ed]; People v Boisseau, 193 A.D.2d 517, lv denied 81 N.Y.2d 1070), as are his other contentions.

Concur — Murphy, P.J., Wallach, Kupferman and Williams, JJ.