PEOPLE v. VICTOR


62 N.Y.2d 374 (1984)

The People of the State of New York, Appellant, v. Leon Victor, Respondent.

Court of Appeals of the State of New York.

Decided June 12, 1984.


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Debra S. Reiser and Peter D. Coddington of counsel), for appellant.

Robert S. Dean and William E. Hellerstein for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur in Per Curiam opinion.


Per Curiam.

This appeal concerns the appropriate treatment a trial court must give to alibi evidence in its charge to the jury. The People have the burden of disproving an alibi beyond a reasonable doubt and, therefore, a charge regarding an alibi must unequivocally convey that burden to the jury.

Defendant was charged in two separate indictments with robberies at a Bronx luncheonette on October 30, 1978, and...

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