PEOPLE v. ODOME


192 A.D.2d 727 (1993)

596 N.Y.S.2d 854

The People of the State of New York, Respondent, v. Eric Odome, Appellant

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

April 26, 1993


Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

On December 16, 1986, at approximately 11:50 P.M., the defendant and an unapprehended accomplice allegedly robbed the complainant at gunpoint. On February 5, 1987, the complainant identified the defendant in a lineup. At trial, however, the complainant could not positively identify the defendant as one of the robbers. The defendant presented...

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