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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK M. VALENTI, 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 of guilt was not against the weight of the evidence (see, CPL 470.15).

Further, the defendant's claim that the court committed reversible error by permitting jurors to take notes during its supplemental instructions is unpreserved for appellate review. In any event, because the court issued an appropriate cautionary instruction, the note taking was permissible (see, People v Tucker, 153 A.D.2d 164; People v. DiLuca, 85 A.D.2d 439).

The defendant's other contentions are either unpreserved for appellate review or without merit. Mangano, P.J., Rubin, Rosenblatt and Miller, JJ., concur.

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PEOPLE v. VALENTI
(Jul 9, 1990)