Judgment reversed, on the law, and new trial granted in the interests of justice. The findings of fact below are affirmed.
The charges herein stem from the holdup of a subway change booth attendant on September 6, 1967, at the Utica Avenue station of the IRT subway line, in Brooklyn. Upon the trial, the change booth attendant identified defendant as the holdup man and, when shown People's Exhibit 1 (i.e., a toy pistol), testified that "it looks like the same gun"...
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