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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE NUNESS, Appellant.

Judgment unanimously affirmed. Memorandum: Upon our review of the record we conclude that the identification evidence presented was legally sufficient and was supported by the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). Additionally, we find that defendant was provided meaningful representation (see, People v Baldi, 54 N.Y.2d 137, 147). Trial counsel's failure to preserve a Rosario issue (see, People v Rosario, 9 N.Y.2d 286, rearg denied 9 N.Y.2d 908, cert denied 368 U.S. 866) did not, standing alone, render counsel's assistance ineffective (see, People v Montana, 71 N.Y.2d 705, 709).

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PEOPLE v. NUNESS
(Mar 16, 1990)