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PEOPLE v. KEELS

Appellate Division of the Supreme Court of New York, Second Department.
Oct 13, 1998
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Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to support his conviction is unpreserved for appellate review ( see, CPL 470.05). In any event, 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).

Contrary to the defendant's contention, he received meaningful representation, "viewing the defense counsel's performance `in its entirety, in conjunction with the evidence, the law, and the circumstances of the case'" ( People v. Ortiz, 250 A.D.2d 626, 627, quoting People v. Vanterpool, 143 A.D.2d 282; see, People v. Baldi, 54 N.Y.2d 137).

The sentence imposed is not harsh or excessive ( see, People v. Suite, 90 A.D.2d 80).

Sullivan, J. P., Altman, Friedmann and McGinity, JJ., concur.