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PEOPLE v. POWELL

105 A.D.2d 712 (1984)

The People of the State of New York, Respondent, v. Eugene Powell, Appellant

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

November 5, 1984

Judgment reversed, on the law, and new trial ordered. The findings of fact have been considered and are determined to be established.

The evidence at trial established that Mrs. Ronni Freed was robbed at knifepoint in front of her fourth grade class at P.S. 26 in Brooklyn on September 28, 1981. The central issue at trial was the identity of the robber. One of Mrs. Freed's students on that date was Calvin Davenport, who was...

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