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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL FERGUSON, Also Known as MICHEAL FERGUSON, Appellant.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning reliability of identification testimony.

We perceive no abuse of sentencing discretion.

Concur — Sullivan, J. P., Milonas, Tom and Mazzarelli, JJ.

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PEOPLE v. FERGUSON
(Dec 3, 1998)