PEOPLE v. DIAZ

ORDERED that the judgment is affirmed.

The trial court erred in admitting the defendant's arrest photo into evidence. Identification was not an issue, and there was no other relevant purpose in admitting the photograph into evidence (see, People v. Pobliner, 32 N.Y.2d 356, cert denied sub nom. Pobliner v. New York, 416 U.S. 905; People v. Rivera, 192 A.D.2d 561, 5 62; People v. Gerbino, 132 A.D.2d 566; People v. Black, 117 A.D.2d 512). However, the photograph merely showed the defendant in street clothes, standing next to a height measure, and was not prejudicial. Moreover, the prosecutor did not insinuate that the defendant's appearance in the photograph made it more likely than not that a crime was committed (see, People v. Black, supra). Under the circumstances, the error was harmless (see, People v. Rivera, supra).

The defendant's remaining contentions are not preserved for appellate review, without merit, or do not require reversal.