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Pointing to questions involving information about a lineup, a state appellate court Tuesday granted Jamal Briggs a new trial in the attempted murder of a Buffalo bus driver during a $4 holdup in 1981.

The Appellate Division of State Supreme Court in Rochester held that Erie County Judge John A. Dillon, who since has retired, was wrong in not conducting a hearing on the lineup issue after prosecutors waited until the day of Briggs' trial in April 1982 to give his attorneys information about an eyewitness.

Briggs, 28, has been serving a prison term of 13 to 40 years since June 1982.

Briggs was convicted of attempted murder, attempted robbery and four counts of robbery in the shooting of Metro Bus driver Chris Henry during a late-night robbery staged by two bandits who boarded his bus about midnight Nov. 10, 1981, at the intersection of Suffolk Street and Langfield Drive. Henry was pulled off the bus and shot in the face and stomach.

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