People v McCroskey
2009 NY Slip Op 00991 [59 AD3d 204]
February 10, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


The People of the State of New York, Respondent,
v
Itury McCroskey, Appellant.

[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Daniel A. Warshawsky of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Melissa Pennington of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered May 25, 2007, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a second felony offender, to a term of 15 years, unanimously affirmed.

The court properly exercised its discretion in receiving photographs of the victim's injuries, since this evidence was relevant to establish the element of serious physical injury, and was not gruesome or inflammatory (see People v Wood, 79 NY2d 958 [1992]; People v Stevens, 76 NY2d 833 [1990]; People v Pobliner, 32 NY2d 356, 370 [1973], cert denied 416 US 905 [1974]).

Defendant's claim regarding bolstering testimony is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find any error in this regard to be harmless. Concur—Andrias, J.P., Nardelli, Catterson, Acosta and DeGrasse, JJ.