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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT MASON, Appellant.

Ordered that the judgment is affirmed.

The findings of the hearing court are entitled to great deference and should not be set aside unless clearly unsupported by the record (see, People v Prochilo, 41 N.Y.2d 759; People v Yukl, 25 N.Y.2d 585, cert denied 400 U.S. 851; People v Hayes, 127 A.D.2d 607; People v Armstead, 98 A.D.2d 726). In the instant case, there was nothing suggestive about the photographic array consisting of six photographs of males of similar age, race, build, stature, and hairstyle (see, People v Reid, 137 A.D.2d 844; People v Campbell, 149 A.D.2d 719).

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 (CPL 470.15).

Further, we find no basis for modifying the sentence imposed by the trial court (see, People v Suitte, 90 A.D.2d 80).

We have examined the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Bracken, J.P., Brown, Lawrence and Kooper, JJ., concur.

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PEOPLE v. MASON
(Jul 31, 1989)