PEOPLE v. GROWICH


38 A.D.2d 733 (1972)

The People of the State of New York, Respondent, v. Patrick Growich, Appellant

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

January 17, 1972


Judgment reversed, on the law, and new trial ordered. The findings of fact below are affirmed. At the trial the complaining witness refused to identify defendant as one of the perpetrators of the crime and testified further that defendant was not one of the perpetrators. When shown the affidavit he had signed in which he said defendant was one of the robbers, he testified that when he signed it he did not know it so charged defendant. After the other victim of the crime identified...

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