Brown v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Spain, J.
The factual and procedural history of this case is set forth in decisions of the Court of Appeals and this Court and only the pertinent facts will be repeated herein (Brown v State of New York, 89 NY2d 172, modfg 221 AD2d 681 [hereinafter Brown I]). In September 1992, a 77-year-old woman was reportedly attacked at knifepoint at a home just outside the City of Oneonta, Otsego County. The victim described her assailant as an African American male and the police determined that the as*317sailant may have cut his hand or forearm during the incident. On the basis of the…
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