PEOPLE v. LEASURE


34 A.D.2d 688 (1970)

The People of the State of New York, Respondent, v. Charles Everett Leasure, Appellant

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

April 27, 1970


Judgment reversed, on the law, and a new trial ordered. The findings of fact below are affirmed.

The trial court, in instructing the jury on alibi defenses, stated: "if after carefully interpretation [sic] the evidence given in behalf of the defendant * * * about the alibi * * * you come to the conclusion that it falls and it has been interposed here in denying as a false defense such a finding of facts by you may be considered as a circumstantial burden on the guilt...

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