Opinion
2003-01951.
October 11, 2005.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered February 6, 2003, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Yvonne Shiers and Chris Fabricant of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
Before: Santucci, J.P., Luciano, Rivera and Fisher, JJ., concur.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, his constitutional right to be present at a material stage of the trial was not violated ( see People v. Morales, 80 NY2d 450, 455-457; People v. Babb, 226 AD2d 469, 470; People v. Chicas, 204 AD2d 476, 476-477).
The Supreme Court properly admitted into evidence photographs depicting the shirt worn by the murder victim ( see People v Pobliner, 32 NY2d 356, 369-370, cert denied 416 US 905; People v. Collic, 285 AD2d 514, 515; People v DeBerry, 234 AD2d 470, 470-471).
The defendant's remaining contentions are either unpreserved for appellate review, without merit, or do not warrant reversal.