People v. Young

Hurlbutt, J.E, and Gorski, J.

(dissenting). We respectfully dissent and vote to reverse. As noted by the majority, we previously reversed the judgment convicting defendant of crimes in *895connection with a home invasion robbery and, in granting a new trial, we wrote that the People should be afforded the opportunity to establish an independent basis for the in-court identification of defendant by one of the victims (People v Young, 255 AD2d 905 [1998]). Although we agree with the majority that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495…