PEOPLE v. LOFTON

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Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Respondent, v. Thomas LOFTON, Appellant.

Decided: December 31, 1998

Present:  PINE, J.P., HAYES, WISNER, PIGOTT, Jr., and BOEHM, JJ. Edward J. Nowak by Drew Dubrin, Rochester, for Appellant. Howard R. Relin by Patrick Fierro, Rochester, for Respondent.

 Supreme Court did not abuse its discretion in admitting into evidence an unredacted photograph of defendant showing him handcuffed at the police station (see, People v. Alvino, 71 N.Y.2d 233, 241, 525 N.Y.S.2d 7, 519 N.E.2d 808).   The photograph was introduced to show that it was possible for defendant to hide a pistol in his left pant leg concealed by his hiking boot despite the pat-down searches conducted at the scene by the arresting and transport officers.   Further, it would have been difficult to redact the handcuffs from the photograph.   In any event, even assuming that the admission of the photograph was error, the error is harmless.   The proof of defendant's guilt is overwhelming, and there is no significant probability that the jury would have otherwise acquitted defendant (see, People v. Crimmins, 36 N.Y.2d 230, 241-242, 367 N.Y.S.2d 213, 326 N.E.2d 787).

Judgment unanimously affirmed.

MEMORANDUM: