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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WINCEFORD SMITH, 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. Our review of the record establishes that the identification testimony adduced at trial was sufficient as a matter of law to sustain the defendant's conviction (People v. Cook, 99 A.D.2d 552, 553). 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). Finally, we decline to reduce the defendant's sentence in the exercise of our interest of justice jurisdiction (see, People v Suitte, 90 A.D.2d 80). Bracken, J.P., Lawrence, Harwood and Balletta, JJ., concur.

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PEOPLE v. SMITH
(Jan 22, 1990)