Opinion
April 3, 1995
Appeal from the Supreme Court, Queens County (Leahy, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the photograph depicting one of the victims was probative on the issue of depraved indifference to human life, an element of a crime for which he was charged. Therefore, the court did not err when it admitted this photograph into evidence (see, People v Pobliner, 32 N.Y.2d 356, 370, cert denied 416 U.S. 905; see also, People v Lambert, 125 A.D.2d 495, 497).
The defendant's sentence was 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), without merit, or do not warrant reversal. Miller, J.P., O'Brien, Krausman and Florio, JJ., concur.