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PEOPLE v. WILLIAMS

Appellate Division of the Supreme Court of New York, Second Department.
Apr 3, 1995

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the photograph depicting one of the victims was probative on the issue of depraved indifference to human life, an element of a crime for which he was charged. Therefore, the court did not err when it admitted this photograph into evidence (see, People v Pobliner, 32 N.Y.2d 356, 370, cert denied 416 U.S. 905; see also, People v Lambert, 125 A.D.2d 495, 497).

The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05), without merit, or do not warrant reversal. Miller, J.P., O'Brien, Krausman and Florio, JJ., concur.