PEOPLE v. STEPHENS


70 A.D.2d 940 (1979)

The People of the State of New York, Respondent, v. Kenneth Stephens, Also Known as Stevens, Appellant

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

June 18, 1979


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

Defendant's conviction arose as a result of the robbery of a supermarket on April 7, 1977 at 7:30 P.M. and a rape and robbery of a woman a short distance away at 7:50 P.M. At trial the police and the defendant presented different versions of the defendant's apprehension and arrest. Officers Coughlin and Boorman stated that one of the victims pointed to a man who was running...

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