Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered.
On a dark street at approximately 11:00 P.M. on September 14, 1971, as Mr. and Mrs. Kopstein were walking near their home in Queens, an unknown man suddenly stepped onto the sidewalk in front of them, blocking their path, and said "don't move" or "don't make a move". Mr. Kopstein told his wife that he believed they were going to be held up. Mrs. Kopstein saw the perpetrator...
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