Opinion
1724
November 6, 2003.
Judgment, Supreme Court, Bronx County (Steven Barrett, J.), rendered March 15, 2001, convicting defendant, after a jury trial, of murder in the second degree and assault in the second degree, and sentencing him to concurrent terms of 25 years to life and 20 years, respectively, unanimously affirmed.
Yael V. Levy, for respondent.
Robert S. Dean, for defendant-appellant.
Before: Buckley, P.J., Tom, Ellerin, Marlow, Gonzalez, JJ.
Evidence of a photographic identification was properly admitted to dispel a misleading impression conveyed by the defense (see People v. Mahone, 206 A.D.2d 263, lv denied 84 N.Y.2d 869). The court minimized any prejudice by delivering a limiting instruction, to which defendant made no exception or request for further instruction.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.