PEOPLE v. JIMINEZ


111 A.D.2d 832 (1985)

The People of the State of New York, Respondent, v. David Jiminez, Appellant

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

June 10, 1985


Judgment reversed, on the law, and new trial ordered.

In its charge to the jury, the court said that alibi testimony is a strong defense "if you believe it". This language could have misled the jury into thinking that it must have been convinced of the alibi's truth before the alibi could serve as a basis for acquittal. "[W]hile not erroneous on its face * * * [it] may have conveyed to the jury, not accustomed to digesting...

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