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THE PEOPLE, ETC., respondent, v. DERRICK BELL, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

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. Moreover, 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).

The defendant contends that he was denied the effective assistance of counsel. However, to prevail on such a claim, the defendant must overcome the strong presumption that defense counsel rendered effective assistance (see People v. Baldi, 54 N.Y.2d 137; People v. Myers, 220 A.D.2d 461). After review of the record in its entirety, and without giving undue significance to retrospective analysis, we are satisfied that the defendant received the effective assistance of counsel (see People v. Myers, supra).

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

The defendant's remaining contentions are without merit.

O'BRIEN, J.P., KRAUSMAN, TOWNES and COZIER, JJ., concur.

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PEOPLE v. BELL
(Oct 7, 2002)