People v. Clarke

Appeal by defendant from a judgment of the County Court, Dutchess County (Vogt, J.), rendered October 29,1981, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Judgment reversed, on the law, and new trial ordered.

It was error, under the circumstances, for the trial court to deny defendant’s request for a specific identification charge. The People’s case against defendant turned entirely upon the testimony of Bernadette Lumia, an eyewitness to the robbery, who *820made the sole identification of him as the perpetrator of the crime. The victim of the…