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THE PEOPLE, etc., respondent, v. RICKEY SHERROD, appellant. (Ind. No. 566/96)

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 was legally sufficient to establish the defendant' s guilt beyond a reasonable doubt (see, People v. Alexander, 176 A.D.2d 947; People v. Harvey, 175 A.D.2d 138). 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 Crim. Proc.[5]).

The Supreme Court providently exercised its discretion when it ordered the defendant to be removed from the courtroom (see,People v. Byrnes, 33 N.Y.2d 343), after he ignored the court's numerous admonitions not to interrupt the proceedings.

The comments made by the prosecution during summation were either fair comment on the evidence or were harmless in light of the overwhelming evidence of the defendant' s guilt (see, People v. Crimmins, 36 N.Y.2d 230; People v. Acevedo, 156 A.D.2d 569.

The defendant's remaining contentions are without merit.

JOY, J.P., S. MILLER, FRIEDMANN, and FLORIO, JJ., concur.

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PEOPLE v. SHERROD
(Mar 17, 2000)