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PEOPLE v. SCOTT

283 A.D.2d 98 (2001)

728 N.Y.S.2d 474

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN SCOTT, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 18, 2001.

Attorney(s) appearing for the Case

Andrew C. Fine, New York City (Jane Levitt of counsel), for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (John M. Castellano, Nicoletta J. Caferri and Roni C. Piplani of counsel), for respondent.

ALTMAN, J. P., GOLDSTEIN and McGINITY, JJ., concur.

OPINION OF THE COURT

BRACKEN, P. J.

The People assert that the defendant, John Scott, was one of two masked men who robbed a grocery in Queens on March 21, 1996. Yet of the several persons who were present in the grocery at the time of the robbery, the People produced none who, at trial, identified the defendant as one of the robbers. There is no proof that the defendant ever admitted to having participated in the robbery, and there is no physical evidence...

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