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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR RODRIGUEZ, 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. Moreover, upon the exercise of our factual review power we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

The defendant's claim that the verdict sheets submitted to the jury were not proper is unpreserved for appellate review since he failed to object to their submission (see, CPL 470.05; see, People v. Battles, 141 A.D.2d 748; People v. Monroe, 135 A.D.2d 741; cf., People v. Nimmons, 72 N.Y.2d 830; People v. Valle, 143 A.D.2d 160).

The sentence imposed does not warrant modification (see, People v. Suitte, 90 A.D.2d 80, 86-87). Lawrence, J.P., Spatt, Sullivan and Balletta, JJ., concur.

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PEOPLE v. RODRIGUEZ
(Nov 21, 1988)