Things started out pretty poorly for Edward Griffen, who was stopped because his license plate was allegedly obstructed. It got a bit dicier when a trooper asked for identification and Griffen supposedly responded with profanity and sped off.
Griffen was pursued, resisted arrested and, in the process, ended up biting the trooper and punching him in the mouth.
At his trial, Griffen wanted to introduce a photograph taken after his car was released to him. Since that picture showed his plate wasn't obstructed, Griffen thought that proved the initial stop wasn't proper.
After the Town of Amenia Justice Court refused to admit the photograph into evidence, Griffen was convicted of resisting arrest and second-degree harassment.
On appeal, because there was no testimony detailing when and where the photo had been taken, the Appellate Term, Second Department, was of the view a proper foundation for its admission hadn't been established. Without those details, Griffen couldn't establish that the photo accurately reflected the vehicle's condition at the time of the initial stop. (The AT2 also concluded that the evidence supported the outcome.)
Snap!
To view a copy of the Appellate Term's decision, please use this link: People v. Griffen