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PEOPLE v. CIPPOLA

96 A.D.2d 1102 (1983)

The People of the State of New York, Respondent, v. Jasper Cippola, Appellant

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

September 26, 1983

Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

The trial court, with respect to defendant's alibi defense, instructed the jury to "carefully weigh the testimony of the alibi witnesses". The court failed to give a similar charge with respect to the testimony of the identification witnesses and thereby unfairly singled out the alibi testimony as deserving special...

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