PEOPLE v. CRUZ


5 A.D.3d 190 (2004)

773 N.Y.S.2d 392

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MEDINA CRUZ, Appellant.

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

March 11, 2004.


The court properly exercised its discretion in admitting photographs of the crime scene taken in daylight even though the drug transaction occurred at night. The photographs were relevant to illustrate the officer's ability to observe the sale and the power of his binoculars, and the officer's testimony made it plain to the jury that the photographs were taken under different lighting conditions from those existing at the time of the incident (People v Mathison,

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