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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEAN SIMONDS, Appellant.

Order affirmed. Defendant's argument with respect to an alleged Rosario (People v Rosario, 9 N.Y.2d 286) violation, never having been raised in the trial court or the Appellate Division, is unpreserved for our review (People v Poole, 48 N.Y.2d 144, 149-150), and his other arguments are without merit.

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

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PEOPLE v. SIMONDS
(Mar 23, 1989)