Reversed, on the facts, and new trial ordered.
While the general rule is that, when a victim or "a witness positively identifies a defendant as the man who committed a crime, the weight of the evidence of identification is for the jury unless it is incredible as a matter of law" (People v. Seppi, 221 N.Y. 62, 68), it is our opinion that the evidence of identification was insufficient to support a finding that the evidence proved defendant to be guilty beyond...
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