Judgment reversed, as a matter of discretion in the interest of justice, and case remitted to the County Court, Suffolk County, for further proceedings consistent herewith.
In this case, where the identity of the assailant was of primary importance, the trial court's failure to instruct the jury with respect to the evaluation of identification evidence was reversible error. (See People v Rodriguez,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.