Opinion
November 2, 1992
Appeal from the County Court, Nassau County (Delin, J.).
Ordered that the judgment is affirmed.
The defendant contends that the People failed to establish his guilt of three separate counts of attempted murder in the first degree. Viewing the evidence adduced at the trial in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The defendant pointed his gun at each of the three officers involved on three separate occasions and fired at them. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt on all three counts was not against the weight of the evidence (see, CPL 470.15).
The defendant contends that the court erred in permitting the prosecutor to introduce a photograph of him which showed his appearance at the time of his arrest. The defendant's appearance had changed since the time of his arrest on the day after the crime was committed. The photograph was therefore admissible to show his appearance at the time of the crime (see, People v Logan, 25 N.Y.2d 184, cert denied 396 U.S. 1020; People v Esdaille, 160 A.D.2d 811; People v Mercado, 156 A.D.2d 720; People v Rios, 156 A.D.2d 397).
The defendant's sentence was not excessive.
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review (see, People v Nuccie, 57 N.Y.2d 818; People v Gray, 144 A.D.2d 483) or without merit. Thompson, J.P., Lawrence, Eiber and O'Brien, JJ., concur.