PEOPLE v. HAYES

Judgment unanimously affirmed. Memorandum: County Court properly exercised its discretion in admitting into evidence the prior sworn statements of a prosecution witness as past recollection recorded (see, People v Dillenbeck, 115 A.D.2d 331; People v Raja, 77 A.D.2d 322, 325-326). We conclude that defendant's conviction of murder in the second degree was based upon legally sufficient evidence and was not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495).

We have reviewed defendant's remaining contention and find it to be without merit.