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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN CAVA-BURGOS, Also Known as JUAN CABA-BURGOS, Appellant.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the two main prosecution witnesses were accomplices whose testimony required corroboration (see, CPL 470.05; People v Woodham, 158 A.D.2d 494, 495; People v Mayo, 136 A.D.2d 748; People v Graham, 111 A.D.2d 831), and, in any event, the claim is without merit. The witnesses did not take part in conduct that constituted the crimes charged or any element thereof (see, CPL 60.22; People v Cobos, 57 N.Y.2d 798, 801).

We have considered the defendant's remaining contentions and find them to be without merit. Eiber, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.

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PEOPLE v. CAVA-BURGOS
(Apr 27, 1992)