People v. Brown

Judgment unanimously affirmed. Memorandum: Defendant appeals from his conviction of first degree attempted robbery (two counts) and first degree assault arising from his stabbing of the clerk of an adult bookstore in Rochester. The unequivocal testimony of the victim was sufficient to establish defendant’s identity as the clerk’s assailant. There was no Brady violation (see, Brady v Maryland, 373 US 83). Defense counsel had advance knowledge of the essential exculpatory fact that the customer in the bookstore had failed to identify defendant and in fact had selected another photo from an…