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PEOPLE v. BROWN

999/12. 7673. 1531/12. 7672.

166 A.D.3d 506 (2018)

89 N.Y.S.3d 29

2018 NY Slip Op 07956

The People of the State of New York, Appellant, v. Sunil Brown, Respondent. The People of the State of New York, Appellant, v. Robert Salkey, Respondent.

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

Decided November 20, 2018.

The hearing court's decision rests primarily on its factual determinations, which are accorded great deference and are supported by the record (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]). The court appropriately considered the main police witness's very limited recollection of the events. The court also determined that the timing of certain events was reliably established by the witness's testimony on cross-examination, rather...

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