PEOPLE v. OTERO


45 A.D.2d 952 (1974)

The People of the State of New York, Respondent, v. Juan Otero, Jr., Appellant

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

September 26, 1974


Judgment unanimously reversed, on the law and in the interest of justice, and a new trial directed.

The defendant's defense to each of the offenses charged was an alibi. His conviction rests entirely on identification testimony, the conflicting character of which casts considerable doubt upon the validity of the charges made against him, for which he was convicted. There was an impermissible "bolstering" of the claimed eyewitness testimony; testimony by a police officer...

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