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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEREK THOMPSON, Appellant.

Judgment affirmed.

The evidence presented at trial was sufficient to permit the jury to find the defendant guilty beyond a reasonable doubt (see, People v Kennedy, 47 N.Y.2d 196). The claim as to the court's charge to the jury regarding the standard of proof in circumstantial evidence cases was not preserved for review and review is not warranted in the interest of justice. Mollen, P.J., Lazer, Mangano and Thompson, JJ., concur.

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PEOPLE v. THOMPSON
(May 12, 1986)