People v. Stebbins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of rape in the first degree (Penal Law § 130.35 [3]) and endangering the welfare of a child (Penal Law § 260.10 [1]) for engaging in sexual intercourse with a nine-year-old girl. Defendant contends that County Court erred in admitting in evidence a photograph of the infant victim’s vagina because the photograph lacked any probative value and was unduly prejudicial. We disagree. The photograph was probative on the issue of penetration, corroborated the infant victim’s unsworn testimony, and illustrated…
2Cases cited8 opinions
- People v. PoblinerNew York Court of Appeals · 1973
- Wright v. FarlinNew York Court of Appeals · 1973
- People v. GroffNew York Court of Appeals · 1987
- People v. PitsleyAppellate Division of the Supreme Court of the State of New York · 1992
- People v. HayesAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by5 opinions
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- People v. ParnellAppellate Terms of the Supreme Court of New York · 2011