PEOPLE v. POWELL


67 N.Y.2d 661 (1986)

The People of the State of New York, Appellant, v. Eugene Powell, Respondent.

Court of Appeals of the State of New York.

Decided February 4, 1986.


Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Rosalyn H. Richter and Barbara D. Underwood of counsel), for appellant.

Joel L. Deckler and Philip L. Weinstein for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE and ALEXANDER concur; Judges TITONE and HANCOCK, JR., taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The defendant was tried for the robbery of a school teacher which occurred in front of her fourth grade class. The People called as a witness one of the students, 10 years old at the time of trial, who had not made any identification of defendant prior to trial. When the child was unable to identify the defendant, who had shaved off his beard since...

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