PEOPLE v. PENDELL (2019)

Court of Appeals of New York.

The PEOPLE of the State of New York, Respondent, v. Perry PENDELL, Appellant.

No. 45 SSM 1

Decided: March 21, 2019

Hug Law, PLLC, Albany (Matthew C. Hug of counsel), for appellant. Paul Czajka, District Attorney, Hudson (Trevor O. Flike of counsel), for respondent.

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 N.Y.2d 343, 347, 352 N.Y.S.2d 913, 308 N.E.2d 435 [1974] ). Accordingly, County Court did not abuse its discretion in admitting the evidence. Defendant's remaining arguments lack merit.

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.

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

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