STATE v. MILLS

Ordered that the judgment is affirmed.

The Supreme Court improperly admitted into evidence a photograph of the victim taken when he was alive, since this evidence was not relevant to a material fact to be proved at trial ( see People v Stevens, 76 NY2d 833; People v Thompson, 34 AD3d 852, 854; People v Rodriguez, 1 AD3d 386; People v Kershaw, 238 AD2d 523). However, any error was harmless, as there was overwhelming evidence of the defendant's guilt, and no significant probability that the error contributed to his convictions ( see People v Crimmins, 36 NY2d 230; People v Jackson, 41 AD3d 1268, 1269; People v Dove, 233 AD2d 751, 754).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).