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PEOPLE v. YOUNG

59 A.D.2d 920 (1977)

The People of the State of New York, Respondent, v. John Young, Appellant

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

November 14, 1977

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

The robbery in question took place at a store at about 8:00 P.M. on March 4, 1974, long after sunset. The sole evidence of guilt was the saleslady-cashier's positive identification of defendant when he came into the store nine months later, in the afternoon, based in large part on the fact that the robber had been a Black man in...

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