Legal Opinion

People v. Abdur-Rahman

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 2010PublishedCited by 7 opinions

1Opinion of the Court

As the People correctly concede, the Supreme Court improperly admitted into evidence a photograph of the victim taken when he was alive, since this evidence was not relevant to any material fact to be proved at trial (see People v Stevens, 76 NY2d 833, 835 [1990]; People v Mills, 48 AD3d 703 [2008]; People v Thompson, 34 AD3d 852, 854 [2006]; People v Rodriguez, 1 AD3d 386, 387 [2003]; People v Kershaw, 238 AD2d 523 [1997]). However, the error was harmless, as there was overwhelming evidence of the defendant’s guilt (see People v Adamo, 309 AD2d 808 [2003]; People v Santiago, 255 AD2d 63…

2Cases cited11 opinions

  1. People v. StevensNew York Court of Appeals · 1990
  2. People v. FitzpatrickNew York Court of Appeals · 1976
  3. People v. AdamoAppellate Division of the Supreme Court of the State of New York · 2003
  4. People v. SantiagoAppellate Division of the Supreme Court of the State of New York · 1999
  5. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2006

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. People v. CarringtonAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. BerryAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. BerryAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. CarringtonAppellate Division of the Supreme Court of the State of New York · 2013

2 more not listed; retrieve them via the Exa API.

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