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PEOPLE v. CHEN

253 A.D.2d 898 (1998)

680 N.Y.S.2d 98

The People of the State of New York, Respondent, v. Sing Yuen Chen, Also Known as Ah Moon, Appellant

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

September 28, 1998

Ordered that the judgment is affirmed.

The photograph of the victim taken while he was still alive and smiling was admissible for the purpose of identification since over 90 percent of the victim's body, excluding the right side of the face, had been charred (see, People v Pobliner, 32 N.Y.2d 356, cert denied 416 U.S. 905). After determining that the photograph corroborated the identification testimony of the...

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