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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NELSON VALENTINE, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that reversal of his conviction is required because the trial court failed to impose a sanction for the People's violation of the rule announced in People v Rosario ( 9 N.Y.2d 286, cert denied 368 U.S. 866) is not preserved for appellate review. The record reveals that at trial, the defense counsel failed to interpose a Rosario claim or seek the imposition of any sanctions. Accordingly, the defendant's Rosario claim has not been preserved for appellate review and we decline to reach this issue in the exercise of our interest of justice jurisdiction (see, People v Matthews, 173 A.D.2d 565; People v Hilliard, 173 A.D.2d 559; People v Baez, 166 A.D.2d 256). Thompson, J.P., Harwood, Rosenblatt and Miller, JJ., concur.

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PEOPLE v. VALENTINE
(Apr 6, 1992)