People v. Diaz

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (D’Emic, J.), rendered April 14, 1998, convicting him of robbery in the third degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court erred in admitting the defendant’s arrest photo into evidence. Identification was not an issue, and there was no other relevant purpose in admitting the photograph into evidence (see, People v Pobliner, 32 NY2d 356, cert denied 416 US 905; People v Rivera, 192 AD2d 561, 562;…