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PEOPLE v. MAYS

84 A.D.2d 553 (1981)

The People of the State of New York, Respondent, v. Roosevelt Mays, Appellant

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

October 13, 1981

Judgment reversed, on the law, and new trial ordered. The facts have been considered and are determined to have been established.

The Trial Justice's charge regarding defendant's alibi defense essentially follows the language that we have repeatedly held to constitute reversible error. (See People v Bauer, 83 A.D.2d 869, and the cases cited therein.) Inasmuch as a new trial is mandated, we note that under the circumstances...

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