People v. Harrington
This text of 88 A.D.3d 817 (People v. Harrington) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The Supreme Court did not improvidently exercise its discretion in admitting into evidence four autopsy photographs of the victim. The challenged photographs were neither excessively gruesome nor introduced for the sole purpose of arousing the jurors’ passions and prejudicing the defendant (see People v Wood, 79 NY2d 958, 960 [1992]; People v Pobliner, 32 NY2d 356, 369-370 [1973], cert denied 416 US 905 [1974]; People v Fletcher, 84 AD3d 1265, 1266 [2011], lv denied 17 NY3d 816 [2011]). Rather, they were relevant to a material issue at trial and also to elucidate the testimony of the medical examiner regarding the cause of death (see People v Prowse, 60 AD3d 703, 704 [2009]; People v Allan, 41 AD3d 727, 727-728 [2007]). Rivera, J.P, Balkin, Hall and Cohen, JJ., concur.
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Cite This Page — Counsel Stack
88 A.D.3d 817, 930 N.Y.2d 897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-harrington-nyappdiv-2011.