PEOPLE v. BURTON


46 A.D.2d 774 (1974)

The People of the State of New York, Respondent, v. Jimmy Burton, Appellant

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

November 4, 1974


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

The facts upon which the judgment is based were established. At the trial, the complainant testified that after he was robbed by three men he searched the surrounding area for his assailants. He finally succeeded in locating the three men, one of whom was defendant. He managed to secure the aid of the police. He pointed defendant out to the police, and defendant, who was alone at the time, was thereupon apprehended...

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