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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELLIOT MORALES, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, we find that the trial court correctly admitted into evidence the blood-stained knife recovered by police incident to the defendant's arrest. Although this knife was not the folding knife which the complainant testified was used during the robbery of his gold chains, it was seen in the defendant's hand as he fled from the scene of the robbery by two eyewitnesses and it was recovered from his possession only moments later after he was placed under arrest. Clearly this evidence was properly ruled admissible (see, People v. Martinez, 115 A.D.2d 665).

The defendant's remaining contentions are unpreserved for appellate review (CPL 470.05; see, People v. Udzinski, 146 A.D.2d 245; People v. Prato, 143 A.D.2d 205; see also, People v Satloff, 56 N.Y.2d 745), and in any event, do not require reversal (see, People v. Spann, 56 N.Y.2d 469; People v. Ames, 115 A.D.2d 543; People v. Petterson, 103 A.D.2d 811). Lawrence, J.P., Kunzeman, Kooper and Harwood, JJ., concur.

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PEOPLE v. MORALES
(May 29, 1990)