Opinion
October 26, 2000.
Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered July 16, 1996, convicting defendant, after a jury trial, of rape in the first degree, sodomy in the first degree (two counts), sexual abuse in the first degree and unlawful imprisonment in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 25 years to life, to run consecutively to three concurrent terms of 25 years to life and a term of 1 year, unanimously affirmed.
Jaime Bachrach, for respondent.
Bertrand J. Kahn, for defendant-appellant.
Before: Williams, J.P., Tom, Mazzarelli, Andrias, Buckley, JJ.
The photograph of the victim was relevant and not admitted for the sole purpose of arousing sympathy or prejudice (see, People v. Pobliner, 32 N.Y.2d 356, 370, cert denied, 416 U.S. 905, see also, People v. Stevens, 76 N.Y.2d 833). However, were we to find any error in the receipt of this evidence, we would find such error to be harmless in view of the overwhelming evidence of defendant's guilt.
Defendant's remaining contention is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would reject it.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.