People v Brown

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People v Brown 2007 NY Slip Op 02988 [39 AD3d 266] April 5, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 6, 2007

The People of the State of New York, Respondent,
v
Roger Brown, Appellant.

—[*1] Stanley Neustadter, Cardozo Appeals Clinic, New York (James A.A. Kirk of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Martin J. Foncello of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered December 16, 2004, convicting defendant, after a jury trial, of criminal sexual act in the second degree and sexual abuse in the third degree, and sentencing him to an aggregate term of 21/3 to 7 years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility (see People v Bleakley, 69 NY2d 490, 495 [1987]). The victim's testimony was corroborated by that of multiple eyewitnesses, along with medical evidence. Concur—Andrias, J.P., Marlow, Sullivan, Gonzalez and Kavanagh, JJ.

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