PEOPLE v. WALSTON


99 A.D.2d 847 (1984)

The People of the State of New York, Respondent, v. Edwin Walston, Appellant

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

February 27, 1984


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

The issue of identification of the defendant is critical in this case, as the only evidence linking him to the robbery was the identification testimony of the complaining witness. The witness had an abbreviated view of her assailant and defendant was apprehended very shortly after the crime with only $3 in his pocket and none of the stolen property. On these...

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