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PEOPLE v. LEE

110 A.D.2d 913 (1985)

The People of the State of New York, Respondent, v. Alvin Lee, Appellant

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

April 29, 1985

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

At the conclusion of the trial, the jury was instructed, inter alia, that,

"[n]ow, the defendant in this case has presented what is commonly known as an alibi defense. Now, really this is not a defense at all, but it is an attempted rebuttal of the People's attempt to prove that the defendant was there and did what they claimed he did.

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