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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO GUZMAN, 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 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 trial court properly denied the defendant's motion for a mistrial based on Police Officer Eric Wolf's testimony. Any prejudice that may have resulted was alleviated by the court's prompt curative action (see, People v. Santiago, 52 N.Y.2d 865; People v. Ortega, 224 A.D.2d 552; People v. Reed, 176 A.D.2d 972).

The defendant's contention that he was deprived of the effective assistance of counsel is without merit (see, People v. Flores, 84 N.Y.2d 184; People v. Baldi, 54 N.Y.2d 137; People v. Nuness, 159 A.D.2d 970).

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or without merit.

O'Brien, J.P., Copertino, Thompson and Krausman, JJ., concur.

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PEOPLE v. GUZMAN
(May 5, 1997)