Opinion
February 4, 1994
Appeal from the Supreme Court, Monroe County, Mark, J.
Present — Pine, J.P., Balio, Fallon, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We conclude that the ruse employed by police officers during their questioning of defendant did not render defendant's statement involuntary. No threats or promises were made to defendant and the officers' misrepresentations did not create a substantial risk that defendant might falsely incriminate himself (see, People v Tarsia, 50 N.Y.2d 1, 11; People v. Hassell, 180 A.D.2d 819, 820, lv denied 79 N.Y.2d 1050; People v. Entzminger, 163 A.D.2d 138, 141-142, lv denied 76 N.Y.2d 939; People v. Green, 147 A.D.2d 955, 957, lv denied 74 N.Y.2d 740; People v. Burnett, 99 A.D.2d 786).
Photographs of the house of defendant's aunt were relevant (see, People v. Scarola, 71 N.Y.2d 769, 777), and their admission was within the discretion of the trial court (see, People v Fedora, 186 A.D.2d 982, 983, lv denied 81 N.Y.2d 762). Because the conviction is affirmed, defendant's subsequent conviction upon a plea of guilty, which was conditioned upon receipt of a sentence to run concurrently with that imposed upon the first conviction, is likewise affirmed (cf., People v. Fuggazzatto, 62 N.Y.2d 862).