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PEOPLE v. CARRERAS

83 A.D.2d 590 (1981)

The People of the State of New York, Respondent, v. Librado Carreras, Also Known as Jose Rivera, Appellant

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

July 13, 1981

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

The trial court's charge as to the alibi defense was improper as it served to place the burden upon the defendant to prove the truth of his alibi (see People v Lee, 80 A.D.2d 905; People v Jones, 74 A.D.2d 515; People v Griswold, 72 A.D.2d 778

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