Opinion
October 2, 1995
Appeal from the Supreme Court, Kings County (Goldstein, J.).
Ordered that the judgment is affirmed.
The general rule regarding the admissibility of photographs is that they are admissible if they tend "`to prove or disprove a disputed or material issue, to illustrate or elucidate other relevant evidence, or to corroborate or disprove some other evidence offered or to be offered'" (see, People v. Harrison, 207 A.D.2d 359, citing People v. Pobliner, 32 N.Y.2d 356, cert denied 416 U.S. 905). Photographs should be excluded from evidence only if their sole purpose is to arouse the emotions of the jury and to prejudice the defendant (see, People v. Wood, 79 N.Y.2d 958). The photographs in this case were properly admitted into evidence to illustrate and corroborate evidence offered by the People, and they were not admitted solely to arouse the emotions of the jury and to prejudice the defendant.
The defendant's sentence is not excessive (see, People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or without merit. Sullivan, J.P., Rosenblatt, Thompson and Ritter, JJ., concur.