PEOPLE v. ORTIZ

ORDERED that the judgment is affirmed.

At an independent source hearing, the People established by clear and convincing evidence that the in-court identification of the defendant was based upon the witness's independent observation of the defendant during the commission of the crime ( see People v. Thomas, 51 N.Y.2d 466, 475; People v. Ashe, 297 A.D.2d 287; People v. Hyatt, 162 A.D.2d 713; People v. DeMaio, 154 A.D.2d 386).

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 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).

The defendant's remaining contentions are without merit.

SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.