PEOPLE v. S.


108 A.D.2d 935 (1985)

The People of the State of New York, Respondent, v. Andrew S., Appellant

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

February 25, 1985


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

On the evening of July 12, 1981, at approximately 10:00 P.M., Frank Feldman, his brother and three friends, including Jean Garcia, were seated on the boardwalk listening to a radio near 32nd Street in Queens County when a group of four men approached. One of the men came over to the group and asked for a cigarette...

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