Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.
The record reveals that during the trial of this single eyewitness case, the complainant repeatedly indicated that he did not see his assailants in the courtroom. When the prosecutor asked the witness whether he could see well enough from the stand, the complainant responded that he could. Nevertheless, over the objection of the defense...
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