PEOPLE v. MILLER

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.