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PEOPLE v. WILSON

Appellate Division of the Supreme Court of New York, Second Department.
May 30, 2000

Ordered that the judgment is affirmed.

The defendant's challenge to the complainant's identification of him as a participant in the robbery is unpreserved for appellate review ( see, CPL 470.05). 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. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence ( see, CPL 470.15).

The defendant's contention that he was denied the effective assistance of counsel is without merit ( see, People v. Benevento, 91 N.Y.2d 708).