PEOPLE v. GRISWOLD


72 A.D.2d 778 (1979)

The People of the State of New York, Respondent, v. Randy Griswold, Appellant

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

November 13, 1979


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

In its charge to the jury on alibi, the court stated: "Evidence with relation to alibi should be most carefully scrutinized if the defendant's guilt is not established beyond a reasonable doubt. By reason of the truth of his alibi you must acquit him. The defendant is not required to prove alibi beyond a reasonable doubt, but you must be satisfied of the truth of the alibi...

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