PEOPLE v. MIDDLETON


14 A.D.2d 760 (1961)

The People of the State of New York, Respondent, v. Robert Middleton, Appellant

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

October 24, 1961


Judgment of conviction of robbery in the first degree unanimously reversed, on the law, on the facts, the judgment vacated, and a new trial ordered.

December 2, 1958, a robbery occurred at one of the Chock Full O'Nuts stores. There was one witness to the robbery, a Mrs. Morris. February 2, 1960 this defendant was arrested and indicted with two others, charged with the commission of the crime. The question of identification was one of the major issues. The prosecutor...

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