Legal Opinion
People v. Thomas
Appellate Division of the Supreme Court of the State of New York
Decided October 3, 2012PublishedCited by 10 opinions
1Opinion of the Court
*738Photographic evidence “should be excluded only if its sole purpose is to arouse the emotions of the jury and to prejudice the defendant” (People v Pobliner, 32 NY2d 356, 370 [1973], cert denied 416 US 905 [1974]; see People v Stevens, 76 NY2d 833 [1990]; People v Sampson, 67 AD3d 1031, 1032 [2009]). When inflammatory photographs are relevant to a material issue at trial, the court has broad discretion to determine whether the probative value of the photographs outweighs any prejudice to the defendant (see People v Stevens, 76 NY2d at 833; People v Upshaw, 242 AD2d 548, 549 [1997]; People v…
2Cases cited5 opinions
- People v. PoblinerNew York Court of Appeals · 1973
- People v. StevensNew York Court of Appeals · 1990
- People v. SampsonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. HarrisonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. UpshawAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by10 opinions
- People v. DorcinvilAppellate Division of the Supreme Court of the State of New York · 2014
- People v. TexidorAppellate Division of the Supreme Court of the State of New York · 2014
- People v. FrazierAppellate Division of the Supreme Court of the State of New York · 2015
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. BodieAppellate Division of the Supreme Court of the State of New York · 2015
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