PEOPLE v. BENJAMIN


122 Misc.2d 19 (1983)

The People of the State of New York, Plaintiff, v. Troy Benjamin, Defendant.

Supreme Court, New York County.

November 21, 1983


Attorney(s) appearing for the Case

Leo Raychuk and Stephen Posner for defendant. Robert M. Morgenthau, District Attorney (Janet Jacobson of counsel), for plaintiff.


GEORGE BUNDY SMITH, J.

The issue here is whether the People may offer rebuttal evidence that the complainant has made a lineup identification of an alibi witness as the second perpetrator in a robbery. The defendant Troy Benjamin was accused of robbery in the first and second degrees in that on December 3, 1982, the defendant and another person took money from the complainant at gunpoint. On October 24, 1983, after a nonjury trial, defendant was found...

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