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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALBERT FAGAN, Appellant.

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 intent to commit the murder ( see, People v. Russo, 232 A.D.2d 585; People v Hogan, 219 A.D.2d 672). 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 sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review, without merit, or do not warrant reversal.

Joy, J.P., Goldstein, Florio and McGinity, JJ., concur.

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PEOPLE v. FAGAN
(Jun 16, 1997)