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PEOPLE v. JONES

28 A.D.2d 1087 (1967)

The People of the State of New York, Respondent, v. Samuel Jones, Appellant

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

October 31, 1967

Judgment reversed and new trial granted.

Memorandum:

The principal issue on the trial was the identification of the defendant at the scene of the alleged crime. The existing circumstances as testified to by the two witnesses relied on by the prosecution provided very little opportunity for either witness to get more than a fleeting glimpse of the burglar. In view of the doubtful character of the identification made...

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