AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FARUQ ABDUR-RAHMAN, Appellant.

Ordered that the judgment is affirmed.

As the People correctly concede, the Supreme Court improperly admitted into evidence a photograph of the victim taken when he was alive, since this evidence was not relevant to any material fact to be proved at trial ( see People v Stevens, 76 NY2d 833, 835; People v Mills, 48 AD3d 703; People v Thompson, 34 AD3d 852, 854; People v Rodriguez, 1 AD3d 386, 387; People v Kershaw, 238 AD2d 523). However, the error was harmless, as there was overwhelming evidence of the defendant's guilt ( see People v Adamo, 309 AD2d 808; People v Santiago, 255 AD2d 63), and no significant probability that the error contributed to his convictions ( see People v Mills, 48 AD3d 703; People v Thompson, 34 AD3d 852; People v Foss, 267 AD2d 505, 508).

As the People also correctly concede, it was improper for the trial court to permit the People to impeach their own witness whose testimony did not tend to disprove a material issue of the case ( see CPL 60.35; People v Fitzpatrick, 40 NY2d 44). However, that error too was harmless, as there was overwhelming evidence of the defendant's guilt, and no significant probability that the error contributed to his convictions ( see People v Murillo, 256 AD2d 423, 424; People v Comer, 146 AD2d 794, 795; People v Pellot, 186 AD2d 158, 158).

Use AI to get other relevant cases.

Comments

PEOPLE v. ABDUR-RAHMAN
(Jan 26, 2010)