PEOPLE v. DUNCAN


34 A.D.2d 883 (1970)

The People of the State of New York, Respondent, v. Johnnie Duncan, Appellant

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

May 14, 1970


Judgment unanimously reversed on the law and facts and a new trial granted.

Memorandum:

Defendant and a codefendant not involved in this appeal were convicted of the crime of robbery in the second degree. The victim, a laundry salesman, made a call in an apartment building and as he was about to leave one man grabbed him from behind while a second man facing him searched his pockets and took his money. The victim had no difficulty in observing and identifying...

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