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PEOPLE v. CHESTNUT

42 A.D.2d 594 (1973)

The People of the State of New York, Respondent, v. Robert Chestnut, Appellant

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

June 18, 1973

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

On the trial, defendant attempted to establish a defense of alibi. The trial court's charge to the jury on this point closely followed the alibi charge in People v. Johnson (37 A.D.2d 733) where it was held that to require the defendant to clearly establish the alibi by...

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