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PEOPLE v. CLARK

120 A.D.2d 542 (1986)

The People of the State of New York, Respondent, v. Andre Clark, Appellant

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

May 5, 1986

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

On June 20, 1981, Officer John Lanza was on a burglary stakeout in his van when he observed two men coming out of a house with what appeared to be a stereo. One of the men walked over to the van and peered in; Lanza testified at trial that he recognized this man to be the defendant, Andre Clark. The defendant then...

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