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PEOPLE v. RYAN

Appellate Division of the Supreme Court of New York, Second Department.
May 30, 1995

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. Contrary to the defendant's contention, this is not a case in which the People relied solely upon circumstantial evidence, since the defendant's admissions constituted direct evidence (see, People v Daddona, 81 N.Y.2d 990). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J.P., Miller, Santucci and Altman, JJ., concur.