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PEOPLE v. RAWLINS

166 A.D.2d 64 (1991)

569 N.Y.S.2d 635

The People of the State of New York, Respondent, v. Michael Rawlins, Appellant

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

May 9, 1991

Attorney(s) appearing for the Case

Pamela Peters of counsel (Philip L. Weinstein, attorney), for appellant.

Myles L. Orosco of counsel (Norman Barclay with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

MILONAS, J. P., ROSS, KASSAL and RUBIN, JJ., concur.

SMITH, J.

The issues in this appeal are the sufficiency of the court's charge on the credibility of witnesses and on circumstantial evidence. Because we believe the charge was deficient in both respects, we reverse.

The People's case established the following. On April 3, 1987 at approximately 3:30 A.M. uniformed security guards Joseph Lombardo and Patricia Rivera were dispatched by Holmes Protection...

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