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PEOPLE v. THOMAS

2009-11389, 2010-02890.

99 A.D.3d 737 (2012)

951 N.Y.S.2d 581

2012 NY Slip Op 6627

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD THOMAS, Appellant.

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

October 3, 2012.

Ordered that the appeal from the judgment rendered November 17, 2009, is dismissed, as that judgment was superseded by the amended judgment rendered November 24, 2009; and it is further,

Ordered that the amended judgment is affirmed.

Photographic evidence "should be excluded only if its sole purpose is to arouse the emotions of the jury and to prejudice the defendant" (People v Pobliner, 32...

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