Opinion
May 15, 1990
Appeal from the Supreme Court, New York County (James Leff, J.).
Defendant claims that he was denied due process because gruesome photographs of the two homicide victims were introduced into evidence and the prosecutor made unfair arguments to the jury. These claims are unpreserved, as questions of law, and we decline to reach them. Were we to consider them, however, in the interest of justice, we would nevertheless affirm, finding that admission of the photographs into evidence was not an abuse of discretion and that the prosecutor's summation, while strongly worded, was responsive to defense counsel's arguments. In any event, any claimed error was harmless beyond a reasonable doubt in view of the overwhelming evidence of guilt (People v. Crimmins, 36 N.Y.2d 230).
We also find that the court did not abuse its discretion when sentencing defendant.
Concur — Ross, J.P., Carro, Asch and Rubin, JJ.