Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered.
On October 18, 1977 two armed men, each holding a child in front of him as a hostage, entered a fruit and vegetable stand, pulled ski masks over their faces, then robbed and shot the owner. At trial the sole issue was identification of the defendant. The People presented two witnesses as to identification, Maralyn Nitschke and Mattie Evans. Nitschke had been inside the...
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