Defendant did not preserve his challenge to the sufficiency of the evidence and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. The evidence established that the weapon at issue was a firearm within the meaning of Penal Law § 265.00 (3). Furthermore, counsel's failure to raise this issue did not deprive defendant of effective assistance (see People v Benevento,
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PEOPLE v. MARQUEZ
55 A.D.3d 412 (2008)
866 N.Y.S.2d 114
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIAN MARQUEZ, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 21, 2008.
October 21, 2008.
Appellate Division of the Supreme Court of the State of New York, First Department.
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