Judgment reversed, on the law and as a matter of discretion in the interest of justice, new trial ordered on the charge of robbery in the first degree, and the count of the indictment charging the defendant with assault in the third degree dismissed.
The most important issue in this case was the identity of the perpetrator, an issue on which conflicting testimony was elicited. Nevertheless, the trial court failed to give any charge whatsoever on identification. Although...
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