Judgment reversed, on the law, and new trial granted. The findings of fact below are affirmed.
Defendant's conviction was for the stabbing death of a taxicab driver in Queens in January, 1970. The evidence linking him with the crime, which included proof of flight and an exculpatory statement, was circumstantial. While proof of flight, by itself, is weak evidence, it is probative and may be considered by a jury (People v. Yazum,
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