People v. Spadorcio

Judgment of conviction reversed on the facts and a new trial granted on the ground that the finding of the jury that the identification of the defendant was proved beyond a reasonable doubt is against the weight of the evidence. All concur, except Edgcomb and Thompson, JJ., who dissent and vote for affirmance. (The judgment convicted defendant of the crime of robbery, second degree.) Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.