PEOPLE v. McCANN


101 A.D.2d 843 (1984)

The People of the State of New York, Respondent, v. Francis X. McCann, Appellant

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

May 14, 1984


¶ Judgment reversed, on the law and the facts, and indictment dismissed.

The case is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. ¶ The sole evidence connecting defendant with the crime charged was the identification by the complaining witness and her sister. The court is well aware of the oft-repeated truth that "[t]he vagaries of eyewitness identification are well-known; the...

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