Judgment reversed, on the law, and new trial ordered.
The trial court refused defendant's request to instruct the jury that the People had the burden of disproving defendant's alibi defense beyond a reasonable doubt. In fact, the alibi charge that was given tended to negate this responsibility and to shift the burden of proof on this issue to defendant. The People have the burden of disproving an alibi defense beyond a reasonable doubt. A jury charge that dilutes...
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