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PEOPLE v. RIVERA

192 A.D.2d 561 (1993)

596 N.Y.S.2d 108

The People of the State of New York, Respondent, v. Jose Rivera, Appellant

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

April 5, 1993

Ordered that the judgment is affirmed.

During the trial, the court permitted the People to introduce the defendant's arrest photograph into evidence for the purpose of corroborating the complainant's testimony that she did not immediately report the crime because she was afraid of the defendant. This was error. The People never established that the complainant's fear was due to the defendant's appearance or that the photograph...

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