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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR CATALA, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, his factual allocution supported a conviction of murder in the first degree pursuant to Penal Law § 125.27 (1) (a) (vii).

The sentence imposed was not excessive (see, People v. Kazepis, 101 A.D.2d 816).

The defendant's remaining contention is without merit.

S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.

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PEOPLE v. CATALA
(Apr 5, 1999)