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PEOPLE v. ROSATI

39 A.D.2d 592 (1972)

The People of the State of New York, Respondent, v. Robert M. Rosati, Appellant

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

April 17, 1972

Judgment reversed, on the law, and new trial ordered.

In this case, over objection, a witness was permitted to testify that the complainant had on two separate occasions told him that defendant was the man who had "held me up". The trial court instructed the jury that this testimony was received merely to show that such a conversation had taken place. However, such an instruction cannot overcome the fact that the testimony...

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