What factors are relevant to the analysis of prejudice in a criminal case?

Factors relevant to the analysis of prejudice include: " 'the importance of the witness' testimony in the prosecution's case, whether the testimony was cumulative, the presence or absence of evidence corroborating or contradicting the testimony of the witness on material points, the extent of cross-examination otherwise permitted, and, of course, the overall strength of the prosecution's case.' " (People v. Sully (1991) 53 Cal.3d 1195, 1220, quoting Delaware v. Van Arsdall, supra, 475 U.S. at p. 684.) As discussed above, defendant's gang membership, his participation in the robberies, and the gang membership of others who were involved were established through other evidence considerably more persuasive than any inference that might have been drawn from the refusal of these witnesses to testify.

6. Defendant's sentence does not constitute cruel and usual punishment.