Opinion
Argued June 24, 1999
October 21, 1999
M. Sue Wycoff, New York, N.Y. (Amy Donner of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Victor Barall, and Phyllis Mintz of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, FRED T. SANTUCCI and GLORIA GOLDSTEIN, JJ.
DECISION ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered October 21, 1996, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Testimony regarding the defendant's membership in a gang was properly admitted since such evidence was relevant to motive and its probative value outweighed its potential prejudice (see,People v. Boyd, 164 A.D.2d 800, 803 ; People v. Polk, 84 A.D.2d 943, 945 ; People v. Bernard, 224 A.D.2d 192 ).
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).
The defendant's remaining contentions are either unpreserved for appellate review, without merit, or relate to errors which were harmless in light of the overwhelming evidence of guilt (see,People v. Crimmins, 36 N.Y.2d 230 ).
BRACKEN, J.P., O'BRIEN, SANTUCCI, and GOLDSTEIN, JJ., concur.