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People v. Brown

Appellate Division of the Supreme Court of New York, First Department
Sep 25, 1997
242 A.D.2d 488 (N.Y. App. Div. 1997)

Opinion

September 25, 1997

Appeal from Supreme Court, New York County (Thomas Galligan, J.).


The verdict was not against the weight of the evidence. We see no reason to disturb the jury's credibility determinations ( see, People v. Gaimari, 176 N.Y. 84, 94).

The court properly granted the People's request for a missing witness charge with regard to defendant's girlfriend, who was under the control of defendant and whose noncumulative testimony on the issue of defendant's whereabouts at the time the crime was committed would have been material to the defendant's alibi defense ( see, People v. Rodriguez, 38 N.Y.2d 95, 101; see also, People v. Gonzalez, 68 N.Y.2d 424). Defendant's explanation for failing to call the witness was inadequate, given the potential significance of her testimony.

Concur — Murphy, P.J., Milonas, Wallach, Rubin and Mazzarelli, JJ.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, First Department
Sep 25, 1997
242 A.D.2d 488 (N.Y. App. Div. 1997)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE BROWN, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 25, 1997

Citations

242 A.D.2d 488 (N.Y. App. Div. 1997)
662 N.Y.S.2d 122