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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. GABRIEL SOTO, DEFENDANT-APPELLANT.

Defendant's conviction was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490). Viewed as a whole, the evidence, including defendant's secretive behavior, clearly warranted the conclusion that the drugs recovered from the buyer were the same "small objects" that defendant had just been observed giving to the buyer in exchange for money.

We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. SOTO
(Sep 26, 2002)