Opinion
Submitted May 8, 2001
June 4, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered September 9, 1997, convicting him of murder in the second degree (two counts) and rape in the first degree, upon a jury verdict, and imposing sentence.
Daniel L. Greenberg, New York, N.Y. (Susan Epstein of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Phyllis Mintz of counsel), for respondent.
Before: DAVID S. RITTER, J.P. WILLIAM D. FRIEDMANN, ANITA R. FLORIO and HOWARD MILLER, JJ.
ORDERED that the judgment is affirmed.
There is no merit to the defendant's contention that the trial court erred in admitting into evidence five photographs relating to the crime scene of the double homicide. Two of the photographs were introduced to corroborate medical testimony as to the cause of the victims' deaths (see, People v. Long, 155 A.D.2d 558; People v. Medina, 120 A.D.2d 749) and the other three were admitted to establish an element of the crime (see, People v. Snyder, 189 A.D.2d 836; People v. Wood, 172 A.D.2d 707, affd 79 N.Y.2d 958).
Since the photographs were relevant and were not introduced for the sole purpose of inflaming the passions of the jury, the trial court providently exercised its discretion in admitting them (see, People v. Stevens, 76 N.Y.2d 833; People v. Pobliner, 32 N.Y.2d 356, cert denied 416 U.S. 905).
Furthermore, the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
RITTER, J.P., FRIEDMANN, FLORIO and H. MILLER, JJ., concur.