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PEOPLE v. GUEVARA

527/12. Appeal No. 12230. Case No. 2017-2006.

189 A.D.3d 455 (2020)

136 N.Y.S.3d 281

2020 NY Slip Op 07297

The People of the State of New York, Respondent, v. Jose Guevara, Appellant.

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

Decided December 3, 2020.

Attorney(s) appearing for the Case

Stephen Chu , Interim Attorney-in-Charge, Office of the Appellate Defender, New York ( Gabe Newland of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Susan Axelrod of counsel), for respondent.

Concur— Renwick, J.P., Kern, Singh, JJ.

The court should not have permitted the People to introduce photographs taken by the police of an M9 bayonet that was found in a collection of knives in defendant's bedroom, but was concededly not the weapon used in the crime. The photographs were irrelevant as demonstrative evidence (see People v Acevedo, 40 N.Y.2d 701, 704-705 [1976]), because nothing in the record provided a basis for...

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