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PEOPLE v. CRUZ

88 A.D.2d 621 (1982)

The People of the State of New York, Respondent, v. William Cruz, Appellant

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

May 10, 1982

Judgment reversed, on the law, and new trial ordered.

The facts of this case present a close identification issue. Two witnesses for the People identified defendant at trial as the assailant. Three persons testified on defendant's behalf, presenting an alibi defense. One of the People's witnesses testified at the Wade hearing that when he identified defendant in a lineup, he was not sure. At trial the same witness...

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