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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS HIGGINS, Appellant.

Ordered that the judgment and order are affirmed.

We find that the defendant's statements, as well as the testimony of a witness that the defendant was observed in the presence of accomplices during the planning stages and was again observed near the scene at the approximate time of the commission of the crime, provided ample corroboration of the accomplice's testimony (see, People v Burgin, 40 N.Y.2d 953; People v Singleton, 144 A.D.2d 504; People v Barone, 109 A.D.2d 1075).

With respect to the defendant's remaining contentions, including those raised in his supplemental pro se brief, we find that either they are not properly before us because they involve matters dehors the record (see, People v Higgins, 151 A.D.2d 603; People v Rodriguez, 123 A.D.2d 405), they are unpreserved for appellate review (see, CPL 470.05), or they are without merit. Thompson, J.P., Kunzeman, Lawrence and Miller, JJ., concur.

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PEOPLE v. HIGGINS
(Feb 19, 1991)