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THE PEOPLE, etc., respondent v. CHRISTIAN PACHECO, appellant. (Ind. No. 15070/95)

ORDERED that the judgment is affirmed.

Testimony regarding the defendant's membership in a gang was properly admitted since such evidence was relevant to motive and its probative value outweighed its potential prejudice ( see, People v. Boyd, 164 A.D.2d 800, 803: People v. Polk, 84 A.D.2d 943, 945: People v. Bernard, 224 A.D.2d 192).

The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review, without merit, or relate to errors which were harmless in light of the overwhelming evidence of guilt ( see, People v. Crimmins, 36 N.Y.2d 230).

BRACKEN, J.P., O'BRIEN, SANTUCCI, and GOLDSTEIN, JJ., concur.

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PEOPLE v. PACHECO
(Oct 4, 1999)