Opinion
2001-08006.
Decided March 1, 2004.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo, J.), rendered August 22, 2001, convicting him of criminal possession of a controlled substance in the third degree (two counts) and unlawful possession of marijuana, upon a jury verdict, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (John R. Schick of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), for respondent.
Before: SONDRA MILLER, J.P., DANIEL F. LUCIANO, THOMAS A. ADAMS and BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the limited extent to which a prosecution witness was allowed to invoke the privilege against self-incrimination did not undermine the defendant's right of confrontation ( see People v. Chin, 67 N.Y.2d 22; People v. Navarro, 251 A.D.2d 353; People v. Brock, 238 A.D.2d 347; People v. Rodriguez, 177 A.D.2d 664).
The sentence imposed was not excessive ( see People v. Suitte, 90 N.Y.2d 80).
S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.