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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROMAN KEVILLY, Appellant.

Ordered that the judgment is affirmed.

The hearing court correctly denied that branch of the defendant's motion which was to suppress the complainant's in-court identification. The photo array from which the complainant made a pretrial identification was not impermissibly suggestive ( see, People v. Robert, 184 A.D.2d 597; Matter of Christopher E., 163 A.D.2d 385).

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 remaining contentions are either unpreserved for appellate review or without merit.

Rosenblatt, J.P., Ritter, Sullivan and Goldstein, JJ., concur.

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PEOPLE v. KEVILLY
(Apr 6, 1998)