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PEOPLE v. RUDD

100 A.D.2d 857 (1984)

The People of the State of New York, Respondent, v. Stanley Rudd, Appellant

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

April 2, 1984

¶ Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered.

¶ The alibi charge given in this case failed to adequately explain to the jury that, even if they disbelieved the defense, the People still had the burden of proving defendant's guilt beyond a reasonable doubt. Since the identification testimony was far from overwhelming, the interest of justice warrants a new trial (People v Vera, 94...

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