Appellate Division of the Supreme Court of the State of New York March 11, 1982 (People v. Forestieri)

Judgment of conviction, after trial to a court and jury, of murder, second degree, and criminal possession of a weapon, second degree, rendered November 14, 1979, Supreme Court, Bronx County (Hecht, J.), unanimously reversed, on the law, and the indictment dismissed. The evidence, as presented at the trial, may be simply stated. Two witnesses, who knew defendant, saw him at about 3:00 p.m.