PEOPLE v. BROOKS


88 A.D.2d 998 (1982)

The People of the State of New York, Respondent, v. Allen Brooks, Appellant

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

June 28, 1982


Judgment affirmed.

At trial the victim made a positive identification of the defendant as the person who robbed him at gunpoint on September 4, 1978 and the defendant's confession to the crime was introduced in evidence by the prosecution. The defendant did not testify at the trial. In its charge on the alibi defense, the court instructed the jury that: "you must be satisfied as to the truth of the alibi". Such language has been interpreted as shifting the burden...

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