PEOPLE v. GAMBINO


52 A.D.2d 957 (1976)

The People of the State of New York, Respondent, v. Salvatore C. Gambino, Appellant

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

May 24, 1976


Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

At the trial three of the People's witnesses identified defendant as the person who robbed a bar in Queens on June 18, 1974, at about 2:00 A.M. Defendant's father testified that his son was home sleeping at the time the robbery occurred. Defendant attempted to show, through the testimony of his wife, who, at the time of the incident, was his fiancée...

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