The complainant, the only witness to the robbery, never identified the defendant in court as one of the two persons who robbed him. The courtroom evidence of identification of the defendant violated CPL 60.25.
The complainant testified that on February 28, 1985, he was robbed by two men in a movie house in Manhattan. He returned to the movie house with police officers several minutes after the robbery and pointed out two persons, including the defendant, who were...
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