PEOPLE v. JOHNSON


37 A.D.2d 733 (1971)

The People of the State of New York, Respondent, v. Harold Johnson, Appellant

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

July 6, 1971


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

In our opinion, the charge of the trial court with respect to the defense of alibi was error. The court instructed the jury that "an alibi defense, if clearly established by unsuspected believable testimony, is the very best defense an innocent man can make, and this is obvious." Later the court indicated the need for such testimony to be "undisputed" and believable. The jury...

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