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

Order affirmed. Defendant's request for the plea and sentence minutes of his accomplice as Rosario material (People v Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866), asserted for the first time on appeal under CPL 380.70, is unpreserved because it was made to the trial court on a bare claim of entitlement with no specific response to the court's request for a relevant legal predicate. The other claimed errors in the prosecutor's summation are also either unpreserved or without merit.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

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PEOPLE v. THOMAS
(Mar 22, 1990)