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PEOPLE v. DeBERRY

234 A.D.2d 470 (1996)

651 N.Y.S.2d 559

The People of the State of New York, Respondent, v. Darnell DeBerry, Appellant

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

December 16, 1996

Ordered that the judgment is affirmed.

Photographs of homicide victims are admissible to demonstrate the position of the victim's body or the placement of the victim's wound or wounds (see, People v Pobliner, 32 N.Y.2d 356, 370). The disputed photographs tended to corroborate the testimony of the medical examiner regarding the placement of the gunshot wound. The fact that those photographs "`portray a gruesome spectacle...

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