People v. Black

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered February 24, 1986, convicting defendant, after a jury trial, of robbery in the first degree and sentencing him to an indeterminate term of 216 to 7 years in prison, reversed, on the law and the facts and in the interest of justice, and the case remanded for a new trial.

The complainant, the only witness to the robbery, never identified the defendant in court as one of the two persons who robbed him. The courtroom evidence of identification of the defendant violated CPL 60.25.

The complainant testified that on February 28,…