People v. Brooks, 13663, 3388/07

• Decision Date: 04 December 2014
• Docket Number: 13663, 3388/07
• Citation: 998 N.Y.S.2d 44,2014 N.Y. Slip Op. 08483,123 A.D.3d 448
• Parties: The PEOPLE of the State of New York, Respondent, v. Ronald BROOKS, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

123 A.D.3d 448
998 N.Y.S.2d 44
2014 N.Y. Slip Op. 08483

The PEOPLE of the State of New York, Respondent
v.
Ronald BROOKS, Defendant–Appellant.

13663, 3388/07

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

Dec. 4, 2014.

998 N.Y.S.2d 45

Robert S. Dean, Center for Appellate Litigation, New York (Robin Nichinsky of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (T. Charles Won of counsel), for respondent.

TOM, J.P., SWEENY, DeGRASSE, FEINMAN, GISCHE, JJ.

Opinion

123 A.D.3d 448

Judgment, Supreme Court, Bronx County (Joseph J. Dawson, J.), rendered July 13, 2011, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 22 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see

123 A.D.3d 449

People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations, including its resolution of inconsistencies in the testimony of the main witness. The jury was entitled to disregard any portions of this witness's testimony it found to be untruthful and accept the portions it found to be truthful and accurate. Furthermore, this witness's testimony was corroborated by evidence that the jury could have reasonably found to have evinced defendant's consciousness of guilt.

Defendant was not deprived of his right to exculpatory or impeachment material under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) when, after an in camera inspection, the court declined to compel the People to disclose a police report of a person who did not witness the homicide. Although defendant now asserts that there were discrepancies between...