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PEOPLE v. McLAUGHLIN

104 A.D.2d 829 (1984)

The People of the State of New York, Respondent, v. Robert McLaughlin, Appellant

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

October 1, 1984

Judgment and order affirmed.

Defendant contends for the first time on appeal that the trial court's alibi charge to the jury was inadequate. The trial court erroneously omitted to instruct the jury that the prosecutor had the burden of disproving an alibi beyond a reasonable doubt (see People v Victor, 62 N.Y.2d 374; People v Daniels, 88 A.D.2d 392). Absent this warning, the trial...

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