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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAIBER ALBORNOZ-SINISTERRA, Appellant.

Ordered that the judgments are 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 is legally sufficient to establish the defendant's guilt of murder in the second degree beyond a reasonable doubt ( see, People v. Strong, 201 A.D.2d 594; People v. Quiles, 172 A.D.2d 859).

The trial court did not err by including on the verdict sheet directions regarding the order in which the jury was to consider the charges against the defendant ( see, People v. Cole, 85 N.Y.2d 990; People v. Daughtry, 202 A.D.2d 686; People v. McCray, 182 A.D.2d 838).

The defendant's remaining contentions, including that his sentence is excessive, are either without merit or unpreserved for appellate review. Moreover, we decline to reach the unpreserved issues in the exercise of our interest of justice jurisdiction. Sullivan, J.P., O'Brien, Copertino and Krausman, JJ., concur.

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PEOPLE v. ALBORNOZ-SINISTERRA
(Oct 16, 1995)