PEOPLE v. BERRY


49 A.D.3d 888 (2008)

854 N.Y.S.2d 507

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OLIVER BERRY, Also Known as CHRIS TUCKER, Appellant.

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

Decided March 25, 2008.


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

One hour after a verbal exchange relating to a near traffic collision between the complainant and an individual the complainant identified as the defendant, the complainant returned, in a car driven by Josiah Salley, to the same area where the dispute occurred. Through the windshield of his moving car, the complainant observed an individual, initially standing by a fence 100 to 200 feet...

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