In this observation sale case, the court properly exercised its discretion in receiving photographs depicting the observing officer's view. While the photos were taken under different lighting conditions from those existing at the time of the sale, and in a season in which there were presumably fewer leaves on trees shown in the photos than would have been present originally, these differences went to weight rather than admissibility (see People v. Cruz,
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PEOPLE v. NEVADO
22 A.D.3d 383 (2005)
802 N.Y.S.2d 171
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN NEVADO, Also Known as JUAN NAVEDO, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 20, 2005.
October 20, 2005.
Appellate Division of the Supreme Court of the State of New York, First Department.
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