Opinion
2001-11167.
Decided May 17, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered November 16, 2001, convicting him of robbery in the first degree (eight counts) and robbery in the second degree (four counts), upon a jury verdict, and imposing sentence.
Stephen J. Pittari, White Plains, N.Y. (David B. Weisfuse of counsel), for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Richard Longworth Hecht of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P. SONDRA MILLER, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The Supreme Court properly accepted the invocation by a defense witness of the Fifth Amendment privilege against self-incrimination, since testifying would have subjected him to a real possibility of criminal prosecution ( see People v. Arroyo, 46 N.Y.2d 928; People v. Faulk, 255 A.D.2d 333; see also Hoffman v. United States, 341 U.S. 479, 486-487).
The defendant's remaining contentions either are unpreserved for appellate review or without merit.
SANTUCCI, J.P., S. MILLER, COZIER and RIVERA, JJ., concur.