Opinion
March 27, 1995
Appeal from the Supreme Court, Queens County (Leahy, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (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. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant's statements to the police, assessed in light of the surrounding circumstances (see, People v. Woods, 141 A.D.2d 588), were voluntarily made and therefore were properly admitted. In addition, the defendant's general objection to the introduction of a photograph of the victim's burnt body was insufficient to preserve this issue for appellate review (see, CPL 470.05; People v. Tevaha, 84 N.Y.2d 879). In any event, the admission into evidence of the photograph did not constitute error. The photograph was relevant to prove several material issues and was not admitted for the sole purpose of arousing the emotions of the jury or prejudicing the defendant (see, People v Wood, 79 N.Y.2d 958). The fact that the photograph corroborated other evidence produced at trial did not render it inadmissible (see, People v. Stevens, 76 N.Y.2d 833).
Finally, the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80, 83). Lawrence, J.P., Santucci, Friedmann and Florio, JJ., concur.