PEOPLE v. LEONARD


66 A.D.2d 805 (1978)

The People of the State of New York, Respondent, v. Theodore Leonard, Also Known as Newby Selton, Selton Newby, John Pitts, Selby Noonan, John Williams and Clarence Williams, Appellant

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

December 11, 1978


Judgment reversed, on the law, indictment dismissed and the case is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

Defendant Leonard and his codefendant, Thomas Brown, were indicted following an incident which occurred in the early morning hours in November, 1976. The complaining witness, Manuel Mendez, was sitting alone in an "F" train subway car at the Stillwell Avenue, Coney Island station...

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