People v. Brooks

• Decision Date: 30 January 2001
• Citation: 279 A.D.2d 429,719 N.Y.S.2d 848
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>ROBERT BROOKS, Also Known as DARRYL JOHNSON, Appellant.
• Court: New York Supreme Court — Appellate Division

279 A.D.2d 429

719 N.Y.S.2d 848

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.ROBERT BROOKS, Also Known as DARRYL JOHNSON, Appellant.

Decided January 30, 2001.

Concur — Williams, J.P., Mazzarelli, Lerner, Rubin and Buckley, JJ.

Defendant's suppression motion was properly denied. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record. Defendant's reliance upon trial testimony in attacking the suppression ruling is inappropriate because defendant did not seek to reopen the hearing based upon the testimony adduced at trial (see, People v Gonzalez, 55 NY2d 720, 721-722).

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility.