| People v Harrington |
| 2011 NY Slip Op 07238 [88 AD3d 817] |
| October 11, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Jeanine Harrington, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Keith Dolan, and JoshHafetz of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.),rendered August 26, 2009, convicting her of manslaughter in the second degree, upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court did not improvidently exercise its discretion in admitting into evidencefour autopsy photographs of the victim. The challenged photographs were neither excessivelygruesome nor introduced for the sole purpose of arousing the jurors' passions and prejudicing thedefendant (see People v Wood, 79 NY2d 958, 960 [1992]; People v Pobliner, 32NY2d 356, 369-370 [1973], cert denied 416 US 905 [1974]; People v Fletcher, 84 AD3d 1265,1266 [2011], lv denied 17 NY3d 816 [2011]). Rather, they were relevant to a materialissue at trial and also to elucidate the testimony of the medical examiner regarding the cause ofdeath (see People v Prowse, 60AD3d 703, 704 [2009]; People vAllan, 41 AD3d 727, 727-728 [2007]). Rivera, J.P., Balkin, Hall and Cohen, JJ., concur.