green
Positive treatment
6.6 score
Treatment trajectory · 1974 → 2026 · click a year to view as-of
1974
2000
2026
Top citers, strongest first. 26 distinct citers.
How cited ↗
discussed
Cited "but see"
State v. Lenarz
And if the investigating officers and the prosecution know that the most severe consequence which can follow from their violation of one of the most valuable rights of a defendant, is that they will have to try the case twice, it can hardly be supposed that they will be seriously deterred from indulging in this very simple and convenient method of obtaining evidence and knowledge of the defendant’s trial strategy.”); cf. Lykins v. State, 288 Md. 71, 73, 86 , 416 A.2d 1113 (1980) (when prosecutor previously had represented defendant but record showed no actual conflict of interest or improp…
discussed
Cited "see"
People v. Ruffin
"Unless photographs lack probative value and are presented solely for the purpose of inflaming a jury, they are admissible in a criminal trial, particularly where they tend to support a material issue or corroborate other evidence in the case" ( People v Molineaux , 156 AD3d 1250, 1252 [2017] [internal quotation marks and citations omitted], lv denied 31 NY3d 1085 [2018]; see People v Pobliner , 32 NY2d 356, 370 [1973], cert denied 416 US 905 [1974]).
discussed
Cited "see"
People v. Brinkley
"Unless photographs lack probative value and are presented solely for the purpose of inflaming a jury, they are admissible in a criminal trial, particularly where they tend to support a material issue or corroborate other evidence in the case" ( People v Molineaux , 156 AD3d 1250, 1252 [2017] [internal quotation marks and citations omitted], lv denied 31 NY3d 1085 [2018]; see People v Pobliner , 32 NY2d 356, 370 [1973], cert denied 416 US 905 [1974]).
discussed
Cited "see"
KEEGAN, KELLY J., PEOPLE v
Because “the extent of the injuries was a major element in the prosecution’s proof that defendant acted with a depraved indifference to human life, the introduction of the photographs cannot be considered to have been solely motivated by a desire to inflame the jury” (People v Arca, 72 AD2d 205, 207 ; see generally People v Pobliner, 32 NY2d 356, 369 , rearg denied 33 NY2d 657 , cert denied 416 US 905 ).
discussed
Cited "see"
People v. Keegan
Because “the extent of the injuries was a major element in the prosecution’s proof that defendant acted with a depraved indifference to human life, the introduction of the photographs cannot be considered to have been solely motivated by a desire to inflame the jury” (People v Arca, 72 AD2d 205, 207 [1980]; see generally People v Pobliner, 32 NY2d 356, 369 [1973], rearg denied 33 NY2d 657 [1973], cert denied 416 US 905 [1974]).
discussed
Cited "see"
People v. Keegan
Because “the extent of the injuries was a major element in the prosecution’s proof that defendant acted with a depraved indifference to human life, the introduction of the photographs cannot be considered to have been solely motivated by a desire to inflame the jury” (People v Arca, 72 AD2d 205, 207 [1980]; see generally People v Pobliner, 32 NY2d 356, 369 [1973], rearg denied 33 NY2d 657 [1973], cert denied 416 US 905 [1974]).
discussed
Cited "see"
People v. Aguilar
“The admissibility of photographs, even if gruesome in nature, is a matter committed to the sound discretion of the trial court, if it tends ‘to prove or disprove a disputed or material issue, to illustrate or elucidate other relevant evidence, or to corroborate or disprove some other evidence offered or to be offered’ ” (People v Sampson, 67 AD3d 1031, 1032 [2009], quoting People v Wood, 79 NY2d 958, 960 [1992] [internal quotation marks omitted]; see People v Pobliner, 32 NY2d 356, 369 [1973], cert denied 416 US 905 [1974]). “[P]hotographic evidence ‘should be excluded only if its…
discussed
Cited "see"
People v. Wilburn
Defendant’s motion was untimely, and defendant failed to show good cause for bringing his motion 10 months after the indictment was filed (see CPL 255.20 [3]; see generally People v Bornholdt, 33 NY2d 75, 87-88 [1973], cert denied 416 US 905 [1974]).
discussed
Cited "see"
People v. Hernandez
The photograph was relevant to establish the requisite element of reckless endangerment by establishing that the individual depicted in the photograph was present in the house when defendant started the fire (see Penal Law § 120.25; see generally People v Pobliner, 32 NY2d 356, 369-370 [1973], rearg denied 33 NY2d 657 [1973], cert denied 416 US 905 [1974]).
discussed
Cited "see"
People v. Davis
“The general rule is . . . [that] photographs are admissible if they tend ‘to prove or disprove a disputed or mater rial issue, to illustrate or elucidate other relevant evidence, or to corroborate or disprove some other evidence offered or to be offered.’ They should be excluded ‘only if [their] sole purpose is to arouse the emotions of the jury and to prejudice the defendant’ ” (People v Wood, 79 NY2d 958, 960 [1992]; see People v Pobliner, 32 NY2d 356, 369-370 [1973], rearg denied 33 NY2d 657 [1973], cert denied 416 US 905 [1974]).
discussed
Cited "see"
Jegley v. Picado
(2×)
See Carter v. State, 255 Ark. 225 , 500 S.W.2d 368 (1973), cert. denied, 416 U.S. 905 (1974); Connor v. State, 253 Ark. 854 , 490 S.W.2d 114 (1973).
discussed
Cited "see"
People v. Delancy
The court properly exercised its discretion in determining that their probative value outweighed their prejudicial impact (see, People v Stevens, 76 NY2d 833, 835 ; see generally, People v Pohliner, 32 NY2d 356, 369-370 , rearg denied 33 NY2d 657 , cert denied 416 US 905 ).
cited
Cited "see"
Victory v. Lefevre
See People v. Bornholdt, 33 N.Y.2d 75, 82 , 305 N.E.2d 461, 464 , 350 N.Y.S.2d 369, 374 (1973), cert. denied, 416 U.S. 905 , 94 S.Ct. 1609 , 40 L.Ed.2d 109 (1974).
cited
Cited "see"
Stephen Edynak v. Atlantic Shipping Inc. Cie. Chambon MacLovia S. A. v. Allied Chemical Company, Atlantic Shipping, Inc.
Accord, Parker v. S/S Dorothe Olendorff, 483 F.2d 375 , 381 n. 4 (5th Cir. 1973), cert. denied, 416 U.S. 905 , 94 S.Ct. 1609 , 40 L.Ed.2d 110 (1974).
cited
Cited "see"
Sidney Bender and Aaron Lewittes D/B/A Leventritt, Lewittes & Bender v. Edward A. Crown, Under Will of Robert Crown
See Grace v. Ludwig, 484 F.2d 1262 (2d Cir. 1973), cert. den. 416 U.S. 905 , 94 S.Ct. 1610 , 40 L.Ed.2d 110 (1974).
discussed
Cited "see"
State v. Pilcher
(2×)
See Carter v. State, 255 Ark. 225 , 500 S.W.2d 368, 373 , cert. den., 416 U.S. 905 , 94 S.Ct. 1610 , 40 L.Ed.2d 110 ; People v. Sharpe, 183 Colo. 64 , 514 P.2d 1138, 1140-1141 (1973); Hughes v. State, 14 Md.App. 497 , 287 A.2d 299, 303-304 , cert. den., 409 U.S. 1025 , 93 S.Ct. 469 , 34 L.Ed.2d 317 ; Jones v. State, 85 Nev. 411 , 456 P.2d 429, 430-431 ; Byrd v. State, 65 Wis.2d 415 , 222 N.W.2d 696, 699-700 ; United States v. Brewer, 363 F.Supp. 606, 607 (M.D.Pa.1973) (Brewer denied standing to prisoners to assert the rights of consenting adults); Lovisi v. Slayton, 363 F.Supp. 620, 624 (E.D.V…
discussed
Cited "see, e.g."
People v. Madison
Contrary to defendant’s contention, the medical records were in fact certified and the photographs of the victim’s injuries were properly admitted in evidence because they were relevant to the physical injury element of the assault count, corroborated the victim’s testimony, and il lustrated the medical records (see People v Dogan, 170 AD2d 955, 955 [1991], lv denied 78 NY2d 965 [1991]; see also People v Pobliner, 32 NY2d 356, 369 [1973], rearg denied 33 NY2d 657 [1973], cert denied 416 US 905 [1974]; People v Brakefield, 156 AD2d 1004 [1989], lv denied 75 NY2d 917 [1990]).
discussed
Cited "see, e.g."
People v. Madison
Contrary to defendant’s contention, the medical records were in fact certified and the photographs of the victim’s injuries were properly admitted in evidence because they were relevant to the physical injury element of the assault count, corroborated the victim’s testimony, and il lustrated the medical records (see People v Dogan, 170 AD2d 955, 955 [1991], lv denied 78 NY2d 965 [1991]; see also People v Pobliner, 32 NY2d 356, 369 [1973], rearg denied 33 NY2d 657 [1973], cert denied 416 US 905 [1974]; People v Brakefield, 156 AD2d 1004 [1989], lv denied 75 NY2d 917 [1990]).
discussed
Cited "see, e.g."
MADISON, ALONZO, PEOPLE v
Contrary to defendant’s contention, the medical records were in fact certified and the photographs of the victim’s injuries were properly admitted in evidence because they were relevant to the physical injury element of the assault count, corroborated the victim’s testimony, and illustrated the medical records (see People v Dogan, 170 AD2d 955, 955 , lv denied 78 NY2d 965 ; see also People v Pobliner, 32 NY2d 356, 369 , rearg denied, 33 NY2d 657 , cert denied 416 US 905 ; People v Brakefield, 156 AD2d 1004 , lv denied 75 NY2d 917 ).
discussed
Cited "see, e.g."
People v. Francis
The photographs were probative of the disputed physical injury and serious physical injury elements of several of the charges against defendant and were not admitted solely to arouse the jury’s emotions, and the court promptly instructed the jury not to dwell on them and to view them “quickly, calmly and unemotionally” (see People v Timmons, 78 AD3d 1241, 1244-1245 [2010]; People v Ford, 43 AD3d 571 , 574 [2007], lv denied 9 NY3d 1033 [2008]; see also People v Pobliner, 32 NY2d 356, 369-370 [1973], cert denied 416 US 905 [1974]).
discussed
Cited "see, e.g."
People v. Stebbins
The photograph was probative on the issue of penetration, corroborated the infant victim’s unsworn testimony, and illustrated the medical testimony (see, People v Dogan, 170 AD2d 955 , lv denied 78 NY2d 965 ; see also, People v Pobliner, 32 NY2d 356, 369 , rearg denied 33 NY2d 657 , cert denied 416 US 905 ; People v Brakefield, 156 AD2d 1004 , lv denied 75 NY2d 917 ).
discussed
Cited "see, e.g."
People v. Farrell
That contention is not preserved for our review by defendant’s general objection to two questions (see, People v Brailsford, 106 AD2d 648, 649 ; see also, People v Pobliner, 32 NY2d 356, 366 , rearg denied 33 NY2d 657 , cert denied 416 US 905 ), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]).
discussed
Cited "see, e.g."
People v. Graham
County Court did not err in admitting these photographs since they were probative on the question of whether defendant acted with the depraved indifference to human life with which he was charged (see, People v Bell, 94 AD2d 894, 896 , affd 63 NY2d 796 ; see also, People v Pobliner, 32 NY2d 356, 370 , cert denied 416 US 905 ).
discussed
Cited "see, e.g."
People v. Green
We further find that introduction of photographs depicting Dennis’ corpse were probative of material issues involving this incident and were not excessively inflammatory or prejudicial (see, People v Bell, 63 NY2d 796 ; see also, People v Pobliner, 32 NY2d 356 , cert denied 416 US 905 ; People v Stroh, 111 AD2d 196 , lv denied 66 NY2d 767 ).
discussed
Cited "see, e.g."
Beecher v. Able
See, e. g., Grace v. Ludwig, 484 F.2d 1262, 1267 (2d Cir. 1973), cert. denied, 416 U.S. 905 , 94 S.Ct. 1610 , 40 L.Ed.2d 110 (1974); Dolgow v. Anderson, 43 F.R.D. 472, 487 (E.D.N.Y.1968); Rosenfeld v. Black, 56 F.R.D. 604, 605 (S.D.N.Y.1972). 1 .
cited
Cited "see, e.g."
City National Bank v. James E. Smith, Comptroller of Currency of the United States, Meadowbrook National Bank
See also Bank of Commerce v. City Nat’l Bank, 484 F.2d 284, 288 (5th Cir. 1973), cert. denied, 416 U.S. 905 , 94 S.Ct. 1609 , 40 L.Ed.2d 109 (1974).
Retrieving the full opinion text from the archive…
Bank of Commerce of Laredo
v.
City National Bank of Laredo
v.
City National Bank of Laredo
No. 73-1142.
Supreme Court of the United States.
Apr 1, 1974.
Published
C. A. 5th Cir. Certiorari denied.