Opinion
October 30, 1997
Appeal from Supreme Court, Bronx County (Efrain Alvarado, J.).
Defendant's redacted arrest photograph was properly admitted into evidence, because it was relevant, under the circumstances presented, identification being the principal contested issue in the case, notwithstanding defendant's claim that his appearance at the time of his arrest was unchallenged ( see, People v Maldonado, 228 A.D.2d 170, lv denied 88 N.Y.2d 967; see also, People v. Heine, 238 A.D.2d 212). In any event, admission of the photograph did not result in any prejudice to defendant.
Concur — Sullivan, J.P., Milonas, Wallach, Williams and Colabella, JJ.