People v. Mills

Appellate Division of the Supreme Court of New York

People v. Mills

48 A.D.3d 703, 850 N.Y.S.2d 907

Appellate Division of the Supreme Court of the State of New York·Decided February 19, 2008·Published·Cited by 3 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered May 11, 2005, convicting him of manslaughter in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court improperly admitted into evidence a photograph of the victim taken when he was alive, since this evidence was not relevant to a material fact to be proved at trial (see People v Stevens, 76 NY2d 833 [1990]; People v Thompson, 34 AD3d 852, 854 [2006]; People v Rodriguez, 1 AD3d 386 [2003]; People v Kershaw, 238 AD2d 523 [1997]). However, any error was harmless, as there was overwhelming evidence of the defendant’s guilt, and no significant probability that the error contributed to his convictions (see People v Crimmins, 36 NY2d 230 [1975]; People v Jackson, 41 AD3d 1268, 1269 [2007]; People v Dove, 233 AD2d 751, 754 [1996]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Ritter, J.P., Santucci, Covello and Carni, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered May 11, 2005, convicting him of manslaughter in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court improperly admitted into evidence a photograph of the victim taken when he was alive, since this evidence was not relevant to a material fact to be proved at trial (see People v Stevens, 76 NY2d 833 [1990]; People v Thompson, 34 AD3d 852, 854 [2006]; People v Rodriguez, 1 AD3d 386 [2003]; People v Kershaw, 238 AD2d 523 [1997]). However, any error was harmless, as there was overwhelming evidence of the defendant’s guilt, and no significant probability that the error contributed to his convictions (see People v Crimmins, 36 NY2d 230 [1975]; People v Jackson, 41 AD3d 1268, 1269 [2007]; People v Dove, 233 AD2d 751, 754 [1996]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Ritter, J.P., Santucci, Covello and Carni, JJ., concur.

People v. Mills, 48 A.D.3d 703, 850 N.Y.S.2d 907 (N.Y. Ct. App. 2008).

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Opinion

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