MATTER OF J.


98 A.D.2d 723 (1983)

In the Matter of Lamont J., Appellant

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

December 5, 1983


Order of disposition and fact-finding determination reversed, on the law and the facts, without costs or disbursements, and petition dismissed.

The hearing court expressly "credited" appellant's alibi witness and "believe[d] her testimony", which placed him in her company four blocks from the crime scene from 2:08 P.M. to 5:00 P.M. on the day in question. Nonetheless, it rejected the alibi defense because it found that the incident did not take place within that time...

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