PEOPLE v. POPE


84 A.D.2d 822 (1981)

The People of the State of New York, Respondent, v. Alphonso Pope, Appellant

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

November 23, 1981


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

The complainant testified that he had been robbed and beaten by a group of youths, while he was traveling on a subway train. As the sole identifying witness called by the prosecution, he specifically testified that shortly after the robbery he had identified appellant and his codefendant as two of his assailants. In addition, he was able to identify appellant...

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