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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP L. CANNON, Appellant.

Ordered that the judgment is affirmed.

The defendant's motion for a trial order of dismissal was not specific enough to preserve the issue of legal sufficiency for appellate review (see, CPL 470.05; People v. Pinder, 199 A.D.2d 544). In any event, 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 (see, People v Dixon, 174 A.D.2d 689; People v. Jamison, 173 A.D.2d 341; People v Robinson, 161 A.D.2d 676). 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 (CPL 470.15).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80). Mangano, P.J., Miller, Thompson and Joy, JJ., concur.

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PEOPLE v. CANNON
(Feb 5, 1996)