PEOPLE v. DIAZ


277 A.D.2d 325 (2000)

715 N.Y.S.2d 885

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL DIAZ, Appellant.

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

Decided November 13, 2000.


Ordered that the judgment is affirmed.

The trial court erred in admitting the defendant's arrest photo into evidence. Identification was not an issue, and there was no other relevant purpose in admitting the photograph into evidence (see, People v Pobliner, 32 N.Y.2d 356, cert denied 416 U.S. 905; People v Rivera, 192 A.D.2d 561, 562; People v Gerbino,

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