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PEOPLE v. MOSS

80 N.Y.2d 857 (1992)

The People of the State of New York, Respondent, v. James Moss, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1992.

Attorney(s) appearing for the Case

Richard A. Mastrocola and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney (Moira E. Casey and Jay M. Cohen of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

A Brooklyn grocery store was robbed on July 8, 1988 while the owner and his clerk, Nasser Saleh, were working. At that time, both witnesses provided police with a description of the perpetrator. Four days after the robbery, the store's owner observed defendant on the street and summoned a nearby police officer. Saleh, from...

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