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THE PEOPLE, ETC., respondent, v. SHARON MABRY, appellant.

ORDERED that the judgment and the amended sentence are 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 with regard to the count of murder in the second degree (felony murder) and the two counts of attempted robbery in the first degree. 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's acquittal of the charges of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree did not render inconsistent or repugnant her convictions for murder in the second degree and the two counts of attempted robbery in the first degree. The counts of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, as charged, contained elements not found in the murder and attempted robbery counts (see, People v. Castillo, 260 A.D.2d 643).

The defendant's remaining contentions are without merit.

O'BRIEN, J.P., FRIEDMANN, SCHMIDT and TOWNES, JJ., concur.

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PEOPLE v. MABRY
(Nov 13, 2001)