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THE PEOPLE, ETC., respondent, v. KEITH MARTIN, appellant. PAUL H. SENZER, GARDEN CITY, N.Y., for appellant.

DECISION ORDER

ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentences for robbery in the first degree to determinate terms of 15 years; as so modified, the judgment is affirmed.

The defendant's challenges to the denial of his motion to suppress statements he made to police and to the trial court's jury charge are unpreserved for appellate review ( see CPL 470.05).

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([5]).

The defendant was not denied his right to effective assistance of counsel ( see People v. Benevento, 91 N.Y.2d 708).

The defendant's sentence was excessive to the extent indicated herein.

The defendant's remaining contentions are without merit.

KRAUSMAN, J.P., SCHMIDT, COZIER and MASTRO, JJ., concur.

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PEOPLE v. MARTIN
(Feb 23, 2004)