People v. Stevens
| Decision Date | 10 July 1990 |
| Citation | 76 N.Y.2d 833,559 N.E.2d 1278,560 N.Y.S.2d 119 |
| Parties | , 559 N.E.2d 1278 The PEOPLE of the State of New York, Respondent, v. Edward W. STEVENS, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Thomas F. Gleason, Albany, and Maria A. Lally, Guilderland, for appellant.
Sol Greenberg, Dist. Atty. (Michael J. Connolly, New York City, of counsel), for respondent.
The order of the Appellate Division should be affirmed. 153 A.D.2d 768, 544 N.Y.S.2d 889
After a jury trial the defendant was convicted of felony murder and manslaughter. On appeal the Appellate Division dismissed the manslaughter count but affirmed the felony murder conviction by a divided court. By leave of the dissenter at the Appellate Division the defendant appeals from so much of the order as affirmed the felony murder conviction.
We find no merit to the defendant's contention that the evidence is legally insufficient to sustain this conviction. On the record the jury could find that the defendant actively participated in a robbery during which his brother killed the victim and that he was therefore guilty of felony murder.
The primary point on which the court below was divided relates to certain photographs of the victim taken before and after his death which the trial court permitted the prosecution to introduce over the defendant's objection.
Photographs of the victim's corpse are likely to arouse the passions and resentment of the jury and thus should not be admitted unless they tend to prove or disprove some material fact in issue (People v. Pobliner, 32 N.Y.2d 356, 345 N.Y.S.2d 482, 298 N.E.2d 637). When relevance is demonstrated, the question as to whether on balance the jury should be permitted to view such photographs is addressed to the sound discretion of the trial court. The fact that other evidence may be available on the point is a factor but is not dispositive. The court may find it appropriate to admit the photographs to illustrate, elucidate or corroborate other evidence offered or to be offered at the trial (People v. Pobliner, supra.)
The same basic principles apply to so-called "portraits" or photographs of the victim taken while he or she was alive (People v. Winchell, 98 A.D.2d 838, 470 N.Y.S.2d 835, affd. 64 N.Y.2d 826, 486 N.Y.S.2d 930, 476 N.E.2d 329; cf., Smith v. Lehigh Val. R.R. Co., 177 N.Y. 379, 69 N.E. 729). These portraits may also arouse the jury's emotions, particularly when they are presented in a before-and-after format, and thus should not be admitted unless relevant to a material fact to be proved at trial. In addition, the relevance of the portraits must be independently established; the fact that photographs of the victim after death have been found to be relevant does not necessarily establish the relevance, and hence admissibility, of portraits of the victim while alive.
In this case the majority at the Appellate Division found some relevance for the photographs of the deceased taken at the scene of the crime and later at the autopsy. Although they found no justification for...
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State v. Broberg
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State v. Doerr
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People v. Nelson
...restrict the admission of evidence that may affect the jury's ability to resolve the case on the evidence alone ( see People v. Stevens, 76 N.Y.2d 833, 835, 560 N.Y.S.2d 119, 559 N.E.2d 1278; People v. Donohue, 229 A.D.2d 396, 398, 645 N.Y.S.2d 60), and to shield jurors from other “improper......
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Table of cases
...N.Y.S.2d 448 (4th Dept. 1994), § 1:280 People v. Stevens , 45 A.D.3d 610, 845 N.Y.S.2d 114 (2d Dept. 2007), § 15:20 People v. Stevens, 76 N.Y.2d 833, 560 N.Y.S.2d 119 (1990), § 10:10 People v. Steward, 17 N.Y.3d 104,___N.Y.S.2d___ (2011), § 2:170 People v. Stiff, 206 A.D.2d 235, 620 N.Y.S.2......
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Photographs, recordings, & x-rays
...outweighs any prejudice to the defendant. People v. Harrison , 207 A.D.2d 359, 615 N.Y.S.2d 449 (2d Dept. 1994); see People v. Stevens , 76 N.Y.2d 833, 560 N.Y.S.2d 119 (1990) (when relevance is demonstrated, question as to whether jury should be permitted to view photographs of victim, dea......
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Photographs, recordings, & x-rays
...outweighs any prejudice to the defendant. People v. Harrison , 207 A.D.2d 359, 615 N.Y.S.2d 449 (2d Dept. 1994); see People v. Stevens , 76 N.Y.2d 833, 560 N.Y.S.2d 119 (1990) (when relevance is demonstrated, question as to whether jury should be permitted to view photographs of victim, dea......
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Photographs, recordings & x-rays
...outweighs any prejudice to the defendant. People v. Harrison , 207 A.D.2d 359, 615 N.Y.S.2d 449 (2d Dept. 1994); see People v. Stevens , 76 N.Y.2d 833, 560 N.Y.S.2d 119 (1990) (when relevance is demonstrated, question as to whether jury should be permitted to view photographs of victim, dea......