PEOPLE v. FRESHLEY


87 A.D.2d 104 (1982)

The People of the State of New York, Respondent, v. Herman Freshley, Appellant The People of the State of New York, Respondent, v. Charles Acklin, Appellant

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

May 27, 1982


Attorney(s) appearing for the Case

Carol Ethridge Gette of counsel (Norman Barclay with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Philip L. Weinstein of counsel (William E. Hellerstein, attorney), for Herman Freshley, defendant.

Lofton P. Holder for Charles Acklin, defendant.

MURPHY, P. J., SANDLER, BLOOM and ASCH, JJ., concur.


FEIN, J.

Defendants stand convicted, after a jury trial, of robbery in the second degree. Defendants' convictions are founded upon events which took place on March 19, 1979 when they, aided by another person, allegedly robbed Steven Daniels.

The issue on appeal has its source in the fact that the complaining witness is mentally retarded and suffers from a speech impediment. At the Wade hearing...

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