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THE PEOPLE, ETC., respondent, v. BYRON BROWN, appellant.

ORDERED that the judgment is affirmed.

The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress incriminating statements he made to law enforcement authorities (see, People v. King, 266 A.D.2d 239; People v. Ortiz, 265 A.D.2d 579; People v. Dougherty, 251 A.D.2d 344).

The trial court correctly determined that certain statements which the decedent made before his death qualified as dying declarations (see, People v. Nieves, 67 N.Y.2d 125; People v. Harris, 180 A.D.2d 819).

Viewing the evidence in the light most favorable to the People (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 (see, People v. Woods, 126 A.D.2d 766). 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 sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

SANTUCCI, J.P., KRAUSMAN, McGINITY and FEUERSTEIN, JJ., concur.

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PEOPLE v. BROWN
(Jul 2, 2001)