PEOPLE v. McKENZIE


97 A.D.2d 774 (1983)

The People of the State of New York, Respondent, v. Mario McKenzie, Appellant

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

November 7, 1983


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

Several errors in this case deprived the defendant of a fair trial and mandate the reversal of his conviction, despite the fact that some of those errors were not preserved. In this case, the most important issue concerned the identification of the defendant. Thus, the trial court's failure to instruct the jury with respect to the evaluation of identification...

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