People v. Hawkins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: The trial court did not err in denying defendant’s request to instruct the jury that the victim’s identification testimony was unreliable and should be disregarded because it was based upon a recollection revived by dreams and nightmares. The ability of a witness to recall the identity of an assailant and the reliability of that identification raise questions of witness credibility; the weight to be accorded such evidence is properly within the jury’s province (see, People v Vail, 182 AD2d 331, 333, lv denied 81 NY2d 977; People v Saunders, 166 AD2d…
2Cases cited3 opinions
- People v. HughesNew York Court of Appeals · 1983
- People v. SaundersAppellate Division of the Supreme Court of the State of New York · 1990
- People v. VailAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by1 opinion
- People v. IvyAppellate Division of the Supreme Court of the State of New York · 1995