People v. Merriman

Appeal by defendant from a judgment of the County Court, Suffolk County, rendered August 17, 1978, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and case remitted to the County Court, Suffolk County, for further proceedings consistent herewith. In this case, where the identity of the assailant was of primary importance, the trial court’s failure to instruct the jury with respect to the evaluation of identification evidence was reversible error. (See People v Rodriguez, 61…