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PEOPLE v. RAMSEY

40 A.D.2d 837 (1972)

The People of the State of New York, Respondent, v. Ira W. Ramsey, Appellant

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

November 6, 1972

Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

In our opinion, the trial court failed to charge the jury adequately and correctly. Appellant's defense consisted of alibi evidence, yet, in marshalling the testimony of appellant's chief alibi witness, the court merely mentioned that part of his testimony which was beneficial to the People. The trial court's marshalling...

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