PEOPLE v. CIESLUK


106 A.D.2d 514 (1984)

The People of the State of New York, Respondent, v. Peter Ciesluk, Appellant

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

December 17, 1984


Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. The findings of fact are affirmed.

At trial, defendant presented an alibi defense which, if believed, placed him many miles away from the scene of the crime at the time that it occurred. The trial court's charge on this issue was inadequate. Although the jury was told that it could acquit defendant if it found that his alibi defense raised a reasonable doubt, it was not...

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