Defendant's voluntary acquiescence in the compromise and resulting stipulation concerning his post-arrest videotaped hearsay statement "manifested * * * consent to the procedure" ( People v Santos, 193 A.D.2d 560, lv denied 81 N.Y.2d 1080) and "consent to the conduct now complained of renders his argument unpreserved for appellate review" ( People v Valle, 173 A.D.2d 879, 880, lv denied 78 N.Y.2d 1015). The record is clear that defendant was satisfied with the compromise and abandoned his position that the videotape itself should come into evidence.
The trial court did not improvidently exercise its discretion in admitting into evidence a photograph of the murder scene after determining its probative value outweighed any prejudice to defendant ( People v Pobliner, 32 N.Y.2d 356, 369-370, cert denied 416 U.S. 905; People v Bell, 63 N.Y.2d 796).
Concur — Murphy, P.J., Sullivan, Wallach, Ross and Williams, JJ.