PEOPLE v. ANDERSON

2008-08848.

83 A.D.3d 854 (2011)

921 N.Y.S.2d 156

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN ANDERSON, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 12, 2011.


Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.

During the early morning hours of September 19, 2004, the victim was shot to death outside of a party being held at an apartment in Queens. Six days after the shooting, a 17-year-old who had attended the party identified the defendant from a lineup as the man he had seen engage in a lengthy argument with the victim and later shoot him. When questioned...

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