PEOPLE v. FELIX

Ind. No. 1617/15. Appeal No. 15046. Case No. 2018-1689.

201 A.D.3d 505 (2022)

159 N.Y.S.3d 439

2022 NY Slip Op 00258

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

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

Decided January 13, 2022.


Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( C. Taylor Poor of counsel), for appellant.

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

Concur— Acosta, P.J., Manzanet-Daniels, González, Mendez, Rodriguez, JJ.


The court providently exercised its discretion in admitting into evidence a photograph of a tattoo in defendant's genital area. The photograph was relevant to corroborate the victim's testimony that she saw the tattoo when defendant first engaged in inappropriate sexual conduct with her when she was 12 years old, the basis for one of the rape charges (see Penal Law § 130.35[4]). Thus, it cannot be said that its "sole purpose" was to arouse the emotions of the...

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