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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS PINA, Appellant.

Ordered that the judgment is affirmed.

The court properly denied those branches of the defendant's omnibus motion which were to suppress the defendant's post-arrest statements to the police, as the police had probable cause to arrest him ( see, People v. Bigelow, 66 N.Y.2d 417, 423).

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).

The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Mangano, P.J., Copertino, Thompson and McGinity, JJ., concur.

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PEOPLE v. PINA
(Apr 13, 1998)