Opinion
December 8, 1998
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490).
The court properly exercised its discretion when it admitted photographs of the crime scene taken from the officer's observation post and with a lens that had the same magnification as the binoculars used by the officer during his observations since they were admitted to demonstrate to the jury the power of the binoculars and how close they made objects appear (see, People v. Rao, 107 A.D.2d 720). The photographs were properly authenticated by the observing officer as well as the photographer, and the jury was clearly made aware that the photographs were taken in daylight whereas the incident occurred at night.
Concur — Sullivan, J. P., Rosenberger, Wallach and Mazzarelli, JJ.