PEOPLE v. CRUZ

ORDERED that the judgment is affirmed.

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 contention that he was denied a fair trial because the court failed to deliver an interested witness charge is without merit. The charge as a whole, which included the instruction that the jury could consider the bias or prejudice of any witness in assessing credibility, was sufficient under the circumstances of this case ( see, People v. Pereda, 200 A.D.2d 774; People v. Martin, 168 A.D.2d 221; see also, People v. Inniss, 83 N.Y.2d 653, 659).