Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.
Defendant was found guilty of participating, along with another individual, in a robbery of Robert Ruehs, the manager of McDonald's restaurant located in Elmhurst, Queens, on the afternoon of May 6, 1981. One assailant grabbed an attaché case and a bag containing money for deposit in a bank, which Ruehs was carrying as he left the restaurant. Ruehs relinquished...
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