PEOPLE v. CARNEY


73 A.D.2d 972 (1980)

The People of the State of New York, Respondent, v. Thomas Carney, Appellant

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

January 28, 1980


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

The principal issue in the trial of this case was the identity of the man who robbed the night manager of a MacDonald's restaurant at gunpoint while she was making a night bank deposit. Defendant was arrested more than three months after the perpetration of the crime when he patronized the restaurant whose receipts had been taken. The manager identified him...

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