PEOPLE v. RIVERS


96 A.D.2d 874 (1983)

The People of the State of New York, Respondent, v. Rubin Rivers, Appellant

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

August 8, 1983


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

Three men assaulted and robbed Angel Rosario on August 7, 1979, at approximately 9:30 P.M. At trial, Rosario testified that one of his assailants was five feet, six inches tall or more and weighed about 150 or more pounds. A typed copy of a report prepared by the officer who responded to the crime scene indicated that Rosario could not identify his assailants...

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