PEOPLE v. FLUKER


51 A.D.2d 1045 (1976)

The People of the State of New York, Respondent, v. Zephaniah X. Fluker, Appellant

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

March 22, 1976


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

The facts have been considered and are determined to have been established. Defendant was indicted and convicted for the murder of one Julio Rodriguez, and the attempted murder of one Francisco Rivera. The People's case rested primarily on the eyewitness testimony of Rivera and his two stepdaughters, who identified defendant as the perpetrator. Defendant...

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