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THE PEOPLE, ETC., respondent, v. JOSEPH H. KING, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt of murder in the second degree is unpreserved for appellate review ( see CPL 470.05; People v. Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit.

KRAUSMAN, J.P., TOWNES, CRANE and MASTRO, JJ., concur.

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PEOPLE v. KING
(Jul 14, 2003)