Opinion
2001-03404
Argued January 6, 2003.
January 27, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered March 23, 2001, convicting him of kidnapping in the second degree, robbery in the second degree (three counts), criminal possession of stolen property in the third degree, criminal possession of stolen property in the fourth degree, and criminal impersonation in the first degree, upon a jury verdict, and imposing sentence.
Anthony V. Lombardino, Richmond Hill, N.Y. (Judah Maltz of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Merri Turk Lasky of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., CORNELIUS J. O'BRIEN, GLORIA GOLDSTEIN, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly admitted photographs of the defendant dressed in police garb. These photographs were relevant to establish the defendant's identity, and were properly authenticated by the victim (see People v. Wood, 79 N.Y.2d 958; People v. Byrnes, 33 N.Y.2d 343; Diakovasilis v. Bright Sunny Corp., 265 A.D.2d 294). The fact that these photographs corroborated other evidence adduced at trial did not preclude their admissibility (see People v. Smaldone, 213 A.D.2d 685; People v. Stevens, 76 N.Y.2d 833).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 86).
The defendant's remaining contentions are either unpreserved for appellate review or are without merit.
SANTUCCI, J.P., O'BRIEN, GOLDSTEIN and COZIER, JJ., concur.