PEOPLE v. RAMOS


33 A.D.2d 344 (1970)

The People of the State of New York, Respondent, v. Benito Ramos, Appellant

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

March 5, 1970.


Attorney(s) appearing for the Case

Manuel Nelson Zapata of counsel (Zapata & Halbert, attorneys), for appellant.

William C. Donnino of counsel (Michael R. Juviler with him on the brief; Frank S. Hogan, District Attorney), for respondent.

MARKEWICH, NUNEZ and MACKEN, JJ., concur with EAGER, J. P.; McNALLY, J., dissents in opinion.


EAGER, J. P.

In view of the strongly expressed belief of the Trial Justice as to the innocence of the defendant, and on the basis of the record, the conviction of the defendant of robbery in the first degree, entered on a jury verdict, should be vacated and a new trial directed in the interests of justice.

On June 2, 1967, at about midnight, Rosalina Quinones, age about 35, was robbed at knife point in...

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