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PEOPLE v. SERRANO

93 N.Y.2d 73 (1999)

710 N.E.2d 655

688 N.Y.S.2d 90

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL SERRANO, Appellant.

Court of Appeals of the State of New York.

Decided March 25, 1999.

Attorney(s) appearing for the Case

Robert E. Carrigan, Hackensack, New Jersey, for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Eleanor J. Ostrow and Mark Dwyer of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

LEVINE, J.

Defendant was convicted of killing the occupant of an apartment on New York City's Lower East Side while robbing him of a large quantity of marihuana. Two photographs were introduced in evidence by the prosecution. The first showed him on some other occasion posing with the other suspect in the robbery homicide. The second depicted him also at another date, holding a black, long-barreled handgun which a witness testified resembled...

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