People v. Wells
| Decision Date | 30 May 2018 |
| Docket Number | Ind. No. 223/13,2014–11908 |
| Citation | 161 A.D.3d 1200,77 N.Y.S.3d 668 |
| Parties | The PEOPLE, etc., respondent, v. Christopher WELLS, appellant. |
| Court | New York Supreme Court — Appellate Division |
161 A.D.3d 1200
77 N.Y.S.3d 668
The PEOPLE, etc., respondent,
v.
Christopher WELLS, appellant.
2014–11908
Ind. No. 223/13
Supreme Court, Appellate Division, Second Department, New York.
Argued February 6, 2018
May 30, 2018
Paul Skip Laisure, New York, N.Y. (Michael Arthus of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Anne Grady of counsel), for respondent.
LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, SANDRA L. SGROI, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Stephen J. Rooney, J.), rendered December 23, 2014, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
We agree with the Supreme Court's determination admitting certain surveillance video footage from the security system located in a building near the subject shooting, as the People presented sufficient evidence that the video footage accurately represented the events being depicted (see People v. Price , 29 N.Y.3d 472, 476, 58 N.Y.S.3d 259, 80 N.E.3d 1005 ; People v. Patterson , 93 N.Y.2d 80, 84, 688 N.Y.S.2d 101, 710 N.E.2d 665 ; People v. Lynes , 49 N.Y.2d 286, 291–292, 425 N.Y.S.2d 295, 401 N.E.2d 405 ).
We disagree with the Supreme Court's determination admitting photographs depicting the defendant found on Facebook and Instagram, inasmuch as the People failed to present sufficient evidence that the photographs were accurate and authentic (see People v. Price , 29 N.Y.3d at 479–480, 58 N.Y.S.3d 259, 80 N.E.3d 1005 ; cf. People v. Franzese , 154 A.D.3d 706, 707, 61 N.Y.S.3d 661 ). However, the admission of the photographs was harmless, as the proof of the defendant's guilt was overwhelming and there is no significant probability that the jury would have acquitted had the photographs not been admitted (see People v. Crimmins , 36 N.Y.2d 230, 241–242, 367 N.Y.S.2d 213, 326 N.E.2d 787 ).
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