People v Pendell, 33 NY3d 972 (2019)

2019 NY Slip Op 02152 [33 NY3d 972]
March 21, 2019
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Perry Pendell, Appellant.

Decided March 21, 2019

People v Pendell, 164 AD3d 1063, affirmed.

{**33 NY3d at 972} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be affirmed. The contested photographs were sufficiently authenticated through the testimony of the complainant and the law enforcement agents who extracted the photographs from the defendant’s cell phone and computers (see People v Byrnes, 33 NY2d 343, 347 [1974]). Accordingly, County Court did not abuse its discretion in admitting the evidence. Defendant’s remaining arguments lack merit.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, affirmed, in a memorandum.