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PEOPLE v. JOHNSON

291 A.D.2d 265 (2002)

738 N.Y.S.2d 311

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN JOHNSON, Appellant.

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

Decided February 14, 2002.

Defendant's arrest photograph was properly admitted to corroborate testimony by the arresting officer as to the black clothing defendant was wearing at the time of his arrest, which tended to explain why the officer did not see the black gun defendant had in his waistband until defendant discarded it (see, People v Smith, 254 A.D.2d 192, lv denied 93 N.Y.2d 979). There is no indication in the record that this redacted photograph...

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