PEOPLE v. SULLIVAN


5 A.D.2d 847 (1958)

The People of the State of New York, Respondent, v. John Gerard Sullivan, Appellant

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

February 17, 1958


Judgment reversed on the law and the facts and a new trial ordered.

The crimes were committed on January 23, 1954. Arrest and identification were made 27 months later. Appellant testified in his own behalf, denying that he had committed the crimes. The crucial question presented was whether appellant's identity was shown with sufficient certainty to preclude a reasonable possibility of mistake. (People v. Seppi, 221 N.Y. 62, 68; People v. Davino, 284...

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