AD4 order dated June 15, 2012, modifying judgment of conviction by reducing the sentence and otherwise affirming the judgment of conviction. Decision below: 96 A.D.3d 1623, 946 N.Y.S.2d 783. Pigott, J., granted leave August 14, 2012.

ISSUES PRESENTED: (1) Whether hospital photographs of the rape victim’s marks and bruises were properly admitted into evidence. (2) Whether trial counsel was ineffective for failing to object to the prosecutor’s remarks on summation.

Issue before the Court: In a rape case based on lack of consent, did the trial court abuse its discretion in admitting seven photographs taken of the victim at the hospital that depicted red marks and bruises.

Held: No abuse of discretion, given the prosecution’s theory of physical helplessness.