Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.
Defendant and a friend, one Rhodie, were charged with having held up Ronald Davanzo on November 8, 1971 in Brooklyn and stealing a quantity of United States currency from him. Rhodie allegedly used a gun as a threat in that robbery. Both defendant and Rhodie testified at the trial that they had no connection with the robbery and that Davanzo had mistakenly...
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