PEOPLE v. FOTI


83 A.D.2d 641 (1981)

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

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

July 27, 1981


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

In this case, the most important issue concerned the identification of the robber. The defendant, to challenge the reliability of the in-court identification by the victim, chose to inform the jury that two precinct identifications had been suppressed. (See People v Jackson, 74 A.D.2d 585.) This strategy...

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