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PEOPLE v. PULINARIO

Appellate Division of the Supreme Court of New York, Second Department.
Feb 13, 2001
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DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly limited the testimony of her psychologist upon the defendant's admission at trial that she lied to the People's expert during a pretrial psychiatric evaluation (see, People v. Almonor, 93 N.Y.2d 571; CPL 250.10).

The defendant' s argument that the evidence was legally insufficient to support the conviction is unpreserved for appellate review and, in any event, without merit (see, People v. Contes, 60 N.Y.2d 620). Upon the exercise of our factual review power, we find that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

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