PEOPLE v. RANKINS

2008-02608.

81 A.D.3d 857 (2011)

916 N.Y.S.2d 618

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD RANKINS, Appellant.

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

Decided February 15, 2011.


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

The complainant was assaulted by four men who followed him down a street and into a subway station. The short altercation that ensued concluded when one of the assailants, not the defendant, pulled out a knife and stabbed the complainant underneath his left arm. One week later, the complainant, who had never seen any of the men before, identified the defendant as one of the four assailants...

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