People v. Nickopoulous

The defendant was convicted by a jury of robbery armed. He appeals from a denial of his motion for a new trial. The motion was based on (1) a recanting affidavit of the principal trial witness, (2) an assertion that the trial judge erred in refusing to permit the witness’ wife to testify concerning statements the witness made to her and (3) a claimed error in allowing the people to introduce into evidence a notice of alibi which was superseded by a later notice of alibi.

Tom’s Tavern was robbed at gun point by two persons later identified as Lyle Griffiths, Jr., and James Anderson. The people…