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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JACQUELINE DAVIS, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that the court erred in not instructing the jury that evidence of guilt of each of two separate criminal incidents could not be considered evidence of guilt of the other incident was not preserved for appellate review (see, CPL 470.05; People v. Lewis, 175 A.D.2d 885). In any event, the defendant's claim is without merit. The modus operandi of the crimes was sufficiently unique so that evidence of each crime would have been admissible upon a trial of the other as probative of the issue of identity (see, People v Carlson, 180 A.D.2d 743).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit. Thompson, J.P., Rosenblatt, Miller and Santucci, JJ., concur.

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PEOPLE v. DAVIS
(Jul 26, 1993)