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PEOPLE v. SCHELLHAMMER

97 A.D.2d 776 (1983)

The People of the State of New York, Respondent, v. William Schellhammer, Appellant

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

November 7, 1983

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

Following delivery of the court's alibi charge, defense counsel timely excepted to the court's failure to instruct the jury that the prosecution must disprove the alibi defense beyond a reasonable doubt. Furthermore, the court instructed the jury to "carefully weigh" the testimony of the alibi witnesses, but rejected defense counsel's timely request to instruct the jury to apply the same

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