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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID R. MILLER, Appellant.

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. 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]).

Contrary to the defendant's contention, "the evidence, the law, and the circumstances of [the] case, viewed in totality and as of the time of the representation, reveal that" the defendant was provided with meaningful representation ( People v. Baldi, 54 N.Y.2d 137, 147).

The sentence imposed was neither harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80).

Bracken, J. P., O'Brien, Thompson and Friedmann, JJ., concur.

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PEOPLE v. MILLER
(Feb 8, 1999)