People v. Salazar

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),

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 NY2d 327 [1990], cert denied 498 US 833 [1990]). 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 NY2d 22 [1986]).

The defendant’s contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10 [1995]; People v Udzinski, 146 AD2d 245 [1989]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), 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 [5]). Smith, J.P, McGinity, H. Miller and Rivera, JJ., concur.