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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL STRATTON, 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 was not against the weight of the evidence (see, CPL 470.15).

The defendant has failed to preserve for appellate review his claims that the court's marshaling of the evidence and its charge on identification deprived him of a fair trial (see, CPL 470.05). In any event, we find the contentions to be without merit.

We have considered the defendant's remaining contentions contained in his supplemental pro se brief, including his claim that the sentence is excessive, and find them to be without merit. Eiber, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.

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PEOPLE v. STRATTON
(Apr 27, 1992)