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PEOPLE v. MIDDLETON

Appellate Division of the Supreme Court of New York, First Department.
Nov 2, 2000

Ordered that the judgment is affirmed.

Viewing the evidence adduced at trial 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 prove the defendant's identity as the perpetrator of the crimes charged beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see, CPL 470.15).

Contrary to the defendant's contentions, any marshalling of the evidence by the trial court during its jury charge was brief and fair.