The language of the charge on this point is set forth in the dissent. The claim of error is essentially that this language in part shifts to the defendant the burden of proof on the issue of alibi whereas the People have the burden of disproving this defense, like every other issue in the case except affirmative defenses, beyond a reasonable doubt (Penal Law, § 25.00). We note first that there was no objection to the charge or any request for further instructions on...
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