People v. Colon

Order of the Supreme Court, New York County (Preminger, J.), entered July 13, 1983, granting defendant’s motion to set aside a jury verdict convicting him of robbery in the first degree and attempted robbery in the first degree, and granting him a new trial, is unanimously affirmed.

Defendant was arrested for allegedly robbing two teenage girls, at knifepoint, in an elevator. The victims had described the assailant as a heavy Hispanic male, 16 to 18 years old, short — about 5-feet, 2-inches tall — heavy acne with holes in his face, kinky brown hair and a large and funny-looking nose. At the…