Appellate Division of the Supreme Court of the State of New York January 26, 2010 (People v. Abdur-Rahman)

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 [1990]; People v Mills, 48 AD3d 703 [2008]; People v Thompson, 34 AD3d 852, 854 [2006]; People v Rodriguez, 1 AD3d 386, 387 [2003]; People v