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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARVIN WHITE, 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 it 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 (CPL 470.15). The defendant failed to preserve for appellate review any issue of law with respect to his current argument that the court erred in discharging a juror (see, People v McGee, 152 A.D.2d 601; People v Fernandez, 137 A.D.2d 709). The defendant also failed to preserve for appellate review his current argument that the court erred in failing to invite him to make a statement prior to the imposition of sentence (see, People v Green, 54 N.Y.2d 878, 880).

We have examined the defendant's remaining contentions and find them to be without merit (see also, People v Tirado, 158 A.D.2d 564 [decided herewith]). Mollen, P.J., Bracken, Brown and Rosenblatt, JJ., concur.

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PEOPLE v. WHITE
(Feb 13, 1990)