People v. Mills
850 N.Y.S.2d 907
N.Y. App. Div.
2008
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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v ALAN MILLS, Appellant.

Supreme Court, Appellate Division, New York

November 27, 2007

850 NYS2d 907

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered May 11, 2005, convicting him of manslaughter 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.

The Supreme Court improperly admitted into evidence a photograph of the victim taken when he was alive, since this evidence was not relevant to a material fact to be proved at trial (see

;
;
;
). However, any error was harmless, as there was overwhelming evidence of the defendant‘s guilt, and no significant probability that the error contributed to his convictions (see
;
;
).

The sentence imposed was not excessive (see

). Ritter, J.P., Santucci, Covello and Carni, JJ., concur.