People v. Bell

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Even if we accept defendant’s contention that the proper test for admissibility of photographs of a victim being attended in the hospital is a balancing of the inflammatory nature of the photographs against their materiality and relevance to the prosecution’s case, we find no abuse of discretion in the admission of the photographs here in question (but see People v Pobliner, 32 NY2d 356, cert den 416 US 905). They were not gory, the lacerations they show having either been cleaned up or bandaged, and while…