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PEOPLE v. TIMMONS

245 A.D.2d 123 (1997)

665 N.Y.S.2d 885

The People of the State of New York, Respondent, v. Ronald Timmons, Appellant

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

December 16, 1997

Photographs of two of the homicide victims taken while they were alive were not of a type that could arouse the jurors' passion, as defendant claims on appeal, but clearly were not relevant to any material fact to be proved at trial. In light of the overwhelming evidence against defendant, admission of the photographs was harmless error (People v Stevens, 76 N.Y.2d 833, 835-836).

Defendant's challenge to the court's charge...

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