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PEOPLE v. BURGOS

50 N.Y.2d 992 (1980)

The People of the State of New York, Respondent, v. Carlos Burgos, Appellant.

Court of Appeals of the State of New York.

Decided June 26, 1980.

Attorney(s) appearing for the Case

Bernard P. Levy for appellant.

Mario Merola, District Attorney (Robert J. Carlucci and Billie Manning of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

It was error for the Trial Judge to refuse to advise the jury that defendant's alibi witnesses had no duty to volunteer exculpatory information to law enforcement authorities (see People v Dawson, 50 N.Y.2d 311, 322). Moreover, as Mr. Justice FEIN, in his dissenting opinion at the...

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