PEOPLE v. BELL


63 N.Y.2d 796 (1984)

The People of the State of New York, Respondent, v. Timothy L. Bell, Appellant.

Court of Appeals of the State of New York.

Decided October 9, 1984.


Attorney(s) appearing for the Case

Carmine J. Clemente and Jeffrey J. Clemente for appellant.

William Gritsavage, District Attorney (Valerie Friedlander of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, MEYER, SIMONS and KAYE concur; Judge WACHTLER taking no part.


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...

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