PEOPLE v. LEE


57 A.D.2d 905 (1977)

The People of the State of New York, Respondent, v. Alfonso Lee, Appellant

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

May 16, 1977


Judgment reversed, on the law, and new trial ordered.

Instructions such as that given by the trial court to the jury, to the effect that disbelief of an alibi witness may be considered as bearing on the guilt of the defendant, have, on a number of occasions, been held by this court to be reversible error, since such a charge "`in essence, instructed the jury that it could draw an inference of guilt if it disbelieved the testimony of the alibi witnesses'" (People...

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