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PEOPLE v. BROOKS

No. 25.

31 N.Y.3d 939 (2018)

96 N.E.3d 206

73 N.Y.S.3d 110

2018 NY Slip Op 01956

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

Court of Appeals of New York.

Decided March 22, 2018.

Attorney(s) appearing for the Case

Blank Rome LLP, New York City (Susan C. Wolfe, Jeffrey C. Hoffman and Jerry D. Bernstein of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York City (David M. Cohn and Alan Gadlin of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Following a jury trial, defendant was convicted of second-degree murder (Penal Law § 125.25 [1]) for killing his girlfriend in a Manhattan hotel room. The victim, partially clothed, was found fully submerged in an overflowing bathtub. Forensic testing showed defendant's DNA on a bathtub fixture. The autopsy revealed signs of strangulation and fluid in the...

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