Legal Opinion

People v. Hawkins

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1994PublishedCited by 1 opinion

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

  1. People v. HughesNew York Court of Appeals · 1983
  2. People v. SaundersAppellate Division of the Supreme Court of the State of New York · 1990
  3. People v. VailAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by1 opinion

  1. People v. IvyAppellate Division of the Supreme Court of the State of New York · 1995

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