PEOPLE v. JENKINS


67 A.D.2d 932 (1979)

The People of the State of New York, Respondent, v. Donell Jenkins, Appellant

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

February 5, 1979


Judgment reversed, on the law, and new trial ordered.

Police responding to a call of a possible robbery in progress at a service station in the early hours of August 9, 1977, found two men suspiciously walking away from the premises. Immediately upon apprehending the suspects for investigation, the service station attendant, Walter Holsten, emerged from the manager's office and informed the police that these two men had just "robbed" the station. Pointing to the defendant...

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