Opinion
735
April 8, 2003.
Judgment, Supreme Court, New York County (Michael Corriero, J.), rendered February 25, 1998, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him, as a juvenile offender, to a term of 9 years to life, unanimously affirmed.
Beth Fisch, for respondent.
Susan Epstein, for defendant-appellant.
Before: Mazzarelli, J.P., Sullivan, Ellerin, Lerner, Marlow, JJ.
The court properly exercised its discretion in admitting into evidence a single crime scene photograph of the victim which was relevant to the essential element of homicidal intent and which illustrated and corroborated the other evidence concerning the victim's injuries (see People v. Stevens, 76 N.Y.2d 833, 835-36; People v. Pobliner, 32 N.Y.2d 356, 369-70, cert denied 416 U.S. 905). The "sole purpose" for introducing the photograph was not "to arouse the emotions of the jury or to prejudice the defendant" (People v. Wood, 79 N.Y.2d 958, 960).
The court's instruction to the jury, given in connection with a stipulation, contained language that was appropriate to prevent undue speculation (cf. People v. Primo, 96 N.Y.2d 351, 355-57). Nothing in this instruction undermined defendant's ability to present a defense. On the contrary, the court extended great leeway to defendant in this regard.
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.