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

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was not deprived of a fair trial as a result of alleged prosecutorial misconduct ( see People v Andrews, 30 AD3d 434; People v Trinidad, 22 AD3d 612).

Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15; People v Sanchez, 267 AD2d 960; People v Winbush, 199 AD2d 447).

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PEOPLE v. THOMAS
(Nov 14, 2006)