Opinion
No. 5200.
February 10, 2009.
Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered May 25, 2007, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second felony offender, to a term of 15 years, unanimously affirmed.
Richard M. Greenberg, Office of the Appellate Defender, New York (Daniel A. Warshawsky of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Melissa Pennington of counsel), for respondent.
Before: Andrias, J.P., Nardelli, Catterson, Acosta and DeGrasse, JJ.
The court properly exercised its discretion in receiving photographs of the victim's injuries, since this evidence was relevant to establish the element of serious physical injury, and was not gruesome or inflammatory ( see People v Wood, 79 NY2d 958; People v Stevens, 76 NY2d 833; People v Pobliner, 32 NY2d 356, 370, cert denied 416 US 905).
Defendant's claim regarding bolstering testimony is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find any error in this regard to be harmless.