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PEOPLE v. SMITH

127 A.D.2d 864 (1987)

The People of the State of New York, Respondent, v. Devon Smith, Appellant

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

February 23, 1987

Ordered that the judgment dated January 5, 1984, is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered; and it is further,

Ordered that the appeal from the order entered May 13, 1985, is dismissed as academic in light of our determination on the appeal from the judgment.

The defendant was convicted on the basis of the eyewitness identification testimony of one of the two victims...

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