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THE PEOPLE, ETC., respondent, v. CHARLES HEMSTREET, appellant. (Ind. No. 97-00057)

DECISION ORDER

ORDERED that the judgment is 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 is 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[5]).

The defendant's remaining contention is without merit.

RITTER, J.P., S. MILLER, McGINITY, and FEUERSTEIN, JJ., concur.

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PEOPLE v. HEMSTREET
(Mar 30, 2000)