PEOPLE v. HENRY


266 A.D.2d 564 (1999)

699 N.Y.S.2d 129

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE HENRY, Appellant.

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

Decided November 29, 1999.


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant's conviction arises out of a robbery which took place early Thursday morning, August 10, 1995, at a little after midnight. Defense counsel presented only one witness, the defendant's girlfriend, who stated that she was with the defendant the entire day and night on August 10, 1995. Specifically, she testified that on the evening...

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