People v. Izydorczak

— Judgment unanimously affirmed. Memorandum: On appeal from a judgment upon conviction of assault in the second degree (Penal Law, § 120.05, subd 2), defendant contends that the trial court abused its *1051discretion in receiving into evidence three photographs, taken in a hospital emergency room, which depict head lacerations the victim suffered. Defendant also contends that the photographs should not have been admitted because the People did not produce them until after the trial had commenced. We disagree.

Photographic evidence should be excluded only if its sole purpose is to arouse the…