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PEOPLE v. FRANCIS

110 A.D.2d 906 (1985)

The People of the State of New York, Respondent, v. Albert Francis, Jr., Appellant

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

April 29, 1985

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

The trial court instructed the jury with respect to alibi testimony that such evidence "should be most carefully scrutinized" and went further to state that defendant was "not required to prove an alibi beyond a reasonable doubt" but the jury must be satisfied that when he gave that testimony he was telling the truth. This language...

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