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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH NALLEY, Also Known as JOSEPH NALLY, 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 beyond a reasonable doubt that the victim's death was caused in the course and furtherance of the robbery or in the immediate flight therefrom (see, Penal Law § 125.25). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).

The sentence imposed was neither harsh nor excessive under the circumstances (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Thompson, J.P., Brown, Kunzeman and Eiber, JJ., concur.

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PEOPLE v. NALLEY
(Nov 26, 1990)