People v. Brown
Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered November 30, 1989, convicting him of criminal possession of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The photograph in question depicted the area where the contraband was recovered and was evidence of what the police found when they arrived at the scene. Detective Puma’s identification of the photograph as having been taken by him and as accurately representing the scene as he viewed it on the night in question was an adequate foundation for its admission (see, People v Byrnes, 33 NY2d 343, 347; People v Wilson, 168 AD2d 696, 698). Moreover, since the ultimate object of the authentication requirement is to insure the accuracy of the photograph sought to be admitted into evidence, any person having the requisite knowledge of the facts may provide verification (see, People v Byrnes, supra). At the trial, both Detective Whiston and Sergeant Gunther, who had observed the area where the vials were recovered on the night in question, identified the photograph as being a fair and accurate representation of what they had observed. Accordingly, the court did not err in admitting the photograph into evidence.
We further find that the sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).
We have examined the defendant’s remaining contentions
Case-law data current through December 31, 2025. Source: CourtListener bulk data.