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PEOPLE v. BEASLEY

9 A.D.2d 954 (1959)

The People of the State of New York, Respondent, v. Walter Beasley, Appellant

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

December 31, 1959

Judgment reversed upon the law and the facts, and a new trial ordered.

People's Exhibit 1 was not sufficiently identified as appellant's gun and should not have been received in evidence upon the mere testimony of a witness, concededly not an expert, that respondent's said exhibit was similar to, and looked like, appellant's gun (People v. Hetenyi, 277 App. Div. 310, affd. 301 N.Y. 757). Neither was there any proof as to the...

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