People v. Jimenez

—Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered October 24, 1994, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Defendant’s claim, that decedent’s spouse’s lineup identification was tainted by her inadvertent viewing of a wanted poster in her sister-in-law’s car, is unpreserved as a matter of law, never having been raised at Criminal Term (CPL 470.05 [2]), and we decline to review it in the interest of justice. Were we to reach this issue, we would find that the fortuitous…