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THE PEOPLE, etc., respondent, v. OSCAR MEJIA, appellant. (Ind. No. 97847)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention regarding the legal sufficiency of the evidence is unpreserved for appellate review ( see, People v. Bynum, 70 N.Y.2d 858; People v. Terry, 148 A.D.2d 478). In any event, 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 was not against the weight of the evidence ( see, CPL 470.15).

Contrary to the defendant's contention, the hearing court properly denied that branch of his omnibus motion which was to suppress a written confession that he made to law enforcement officials. The hearing testimony established that he knowingly and intelligently waived his Miranda rights before speaking with the detective who took the statement, and voluntarily gave the statement ( see, Miranda v. Arizona, 384 U.S. 436; People v. Vanegas, 237 A.D.2d 469; People v. Anthony, 165 A.D.2d 876; People v. Zuluaga, 148 A.D.2d 480).

The defendant's remaining contentions are without merit.

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PEOPLE v. MEJIA
(Jun 21, 1999)