1 A.D.2d 844 | N.Y. App. Div. | 1956
Appeal from a judgment of the County Court, Kings County, convicting appellant of robbery in the first degree, and from intermediate orders. Judgment reversed on the law and the facts and a new trial ordered. Appellant offered no evidence but rested on the People’s case. The People claim that this appellant, in conjunction with an accomplice who has not been apprehended, committed the crime for which appellant has been convicted. Appellant is a twin, and it is nowhere claimed that this twin was the accomplice. The entire case of the People hinges on appellant’s identification by the person robbed, and the credibility given that testimony by the jury. Appellant claims several errors in the admission of evidence as well as the overactive participation in the conduct of the trial by the Judge presiding thereat. All but one of these may be disregarded pursuant to section 542 of the Code of Criminal Procedure. On its direct case, however, the