PEOPLE v. JAHELKA


174 A.D.2d 488 (1991)

The People of the State of New York, Respondent, v. Robert Jahelka, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 20, 1991


In this prosecution for burglary, a photograph showing the window through which defendant entered the premises, which also depicted a window gate which had been enlarged following the commission of the crime, was properly admitted into evidence. Although the photograph was not an exact depiction of the gate on the night of the crime, insofar as additional fencing was added by the time that the photograph was taken, this difference was properly explained and was not prejudicial...

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