PEOPLE v. BAUER


83 A.D.2d 869 (1981)

The People of the State of New York, Respondent, v. Charles A. Bauer, Appellant

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

August 17, 1981


Judgment reversed, on the law, and new trial ordered.

The facts have been considered and are determined to have been established. Over defense counsel's objection, the County Court's charge on the question of defendant's alibi included the following language: "Evidence with respect to alibi should be most carefully scrutinized. If the defendant's guilt is not established beyond a reasonable doubt by reason of the truth of an alibi, you must acquit him. The defendant...

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