PEOPLE v. JENKINS


68 N.Y.2d 896 (1986)

The People of the State of New York, Respondent, v. Darryl Jenkins, Appellant.

Court of Appeals of the State of New York.

Decided October 21, 1986.


Attorney(s) appearing for the Case

Barbara L. Hartung and Philip L. Weinstein for appellant.

Mario Merola, District Attorney, for respondent, precluded.

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


MEMORANDUM.

The order of the Appellate Division should be modified to the extent of remitting the case to Supreme Court, Bronx County, for a hearing on defendant's motion to vacate the judgment of conviction pursuant to CPL 440.10, and for further proceedings in accordance with this memorandum. As so modified, the order is affirmed.

In this robbery prosecution, the only evidence linking defendant to the crime was...

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