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PEOPLE v. RIVERA

160 A.D.2d 267 (1990)

The People of the State of New York, Respondent, v. Guillermo Rivera, Appellant

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

April 10, 1990

The essential issue in this one-witness case was the identity of the perpetrator, allegedly defendant, who, while convicted of assault in the first degree, was acquitted of the two related counts of robbery in the first degree. Because, inter alia, the court failed to instruct the jury that it could not speculate that defendant was the person who made numerous anonymous threats to the complainant and that these nonattributed...

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