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PEOPLE v. BROOKS

39 A.D.3d 428 (2007)

834 N.Y.S.2d 527

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY BROOKS, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 26, 2007.

The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning identification and credibility (see People v Bleakley, 69 N.Y.2d 490, 495 [1987]).

The court properly permitted the victims' grandmother to make an in-court identification of defendant, where she had not participated in any pretrial identification procedures, but had spontaneously recognized defendant...

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