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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN A. O'NEAL, Appellant.

Judgment unanimously affirmed. Memorandum: The issues raised by defendant on appeal lack merit. The verdict was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490); the court properly exercised its discretion in making its Sandoval ruling (see, People v. Sandoval, 34 N.Y.2d 371); defendant has not shown that the prosecutor failed to comply with his Rosario obligation (see, People v. Rosario, 9 N.Y.2d 286, rearg denied 9 N.Y.2d 908, cert. denied 368 U.S. 866, rearg denied 14 N.Y.2d 876, 15 N.Y.2d 765); and the alleged error with respect to the jury charge was not preserved for our review and we decline to reach the issue in the interest of justice.

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PEOPLE v. O'NEAL
(Dec 21, 1990)