PEOPLE v. STAPLES


103 A.D.2d 759 (1984)

The People of the State of New York, Respondent, v. Darren Staples, Appellant

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

July 2, 1984


¶ Judgment affirmed.

¶ At trial, the victim made a positive identification of the defendant as the person who attempted to rob him at gunpoint on December 27, 1980. The defendant did not testify but presented four alibi witnesses. ¶ Although the trial court's charge to the jury was improper in that it instructed the jury to most carefully scrutinize the evidence relating to the alibi without giving a like charge with respect to identification (see ...

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