Opinion
2000-09294
Argued October 2, 2003.
November 3, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (West, J.), rendered September 14, 2000, convicting him of assault in the first degree (two counts), criminal use of a firearm in the first degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Richard G. Gugliotta, Bronx, N.Y. (John C. Gugliotta of counsel), for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Richard Longworth Hecht of counsel), for respondent.
Before: NANCY E. SMITH, J.P., LEO F. McGINITY, HOWARD MILLER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the pretrial identification procedures were not unduly suggestive ( see People v. Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833). In addition, the issue of whether the defendant was deprived of his right to confrontation when a witness invoked the Fifth Amendment privilege against self-incrimination regarding affiliation with a gang is unpreserved for appellate review. In any event, the defendant's contention is without merit, as the witness's bias or interest was fully explored through other means ( see People v. Chin, 67 N.Y.2d 22).
The defendant's contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245). In any event, 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 his guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).
SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.