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PEOPLE v. RUDENKO

Appellate Division of the Supreme Court of New York, Second Department.
Jun 16, 1997

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).

Further, there is no merit to the defendant's contention that the court erroneously failed to impose appropriate sanctions upon the People for a Rosario violation ( see, People v. Rosario, 9 N.Y.2d 286, cert denied 386 U.S. 866). The sanctions sought by the defendant were more drastic than the situation warranted ( see, People v. Joseph, 86 N.Y.2d 565, 570; People v. Martinez, 71 N.Y.2d 937, 940).

The defendant's remaining contentions lack merit or are unpreserved for appellate review.

Miller, J.P., Copertino, Sullivan and Altman, JJ., concur.