PEOPLE v. WALSH

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

The PEOPLE, etc., Respondent, v. Howard WALSH, Appellant.

Decided: May 20, 2002

MYRIAM J. ALTMAN, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, and BARRY A. COZIER, JJ. Barry E. Warhit, White Plains, NY, for appellant. Jeanine Pirro, District Attorney, White Plains, N.Y. (Christine E. Cervasio and Lois Cullen Valerio of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Perone, J.), rendered November 23, 1999, convicting him of assault in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 The Supreme Court properly admitted into evidence a photograph depicting the complainant's injuries.   Photographs of victims may be admitted “to illustrate, elucidate or corroborate other evidence offered or to be offered at the trial” (People v. Stevens, 76 N.Y.2d 833, 835, 560 N.Y.S.2d 119, 559 N.E.2d 1278).   In the present case, the photograph was admitted to illustrate the emergency room doctor's testimony and to corroborate the testimony of other prosecution witnesses.   The photograph was also probative as to essential elements of assault in the second degree and criminal possession of a weapon in the third degree, since it suggested that the defendant was in possession of a dangerous instrument and used it with the requisite intent.   Thus, the Supreme Court providently exercised its discretion in admitting the photograph into evidence (see People v. Pobliner, 32 N.Y.2d 356, 369-370, 345 N.Y.S.2d 482, 298 N.E.2d 637, cert. denied 416 U.S. 905, 94 S.Ct. 1609, 40 L.Ed.2d 110).

The defendant's remaining contention is without merit.

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