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PEOPLE v. CATALA

Appellate Division of the Supreme Court of New York, Second Department.
Apr 5, 1999

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 ยง 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.