PEOPLE v. ALI

Ordered that the judgment is affirmed.

The hearing court properly declined to suppress the victim's confirmatory identification of the defendant ( see People v Benjamin, 2 AD3d 740, 741; People v Thompson, 230 AD2d 926). Under the circumstances, an independent source hearing was not warranted ( see People v Chipp, 75 NY2d 327, 335, cert denied 498 US 833; People v Garcia, 216 AD2d 412).

The defendant's contention that the trial court erred in submitting to the jury the charge of gang assault in the second degree (Penal Law § 120.06) as a lesser-included offense of gang assault in the first degree (Penal Law § 120.07) is without merit. There was a reasonable view of the evidence from which the jury could find that the defendant committed the lesser offense but not the greater ( see People v Glover, 57 NY2d 61, 64; People v Green, 56 NY2d 427, 430; cf. People v Palmer, 197 AD2d 712, 713).

Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant's 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).