Defendant is alleged to have participated in a gang assault on two victims, using belts and chains, thereafter running off with property belonging to the victims. Defendant interposed an alibi defense. The trial court properly noted, in its instruction to the jury, that the defendant was not obligated to establish his alibi beyond a reasonable doubt (see People v Elmore, 277 N.Y. 397). However, the court went on to charge, over general objection, that the jurors "must...
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