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PEOPLE v. RODRIGUEZ

111 A.D.2d 881 (1985)

The People of the State of New York, Respondent, v. Victor Rodriguez, Appellant

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

June 17, 1985

Judgment reversed, on the law, and new trial ordered. No questions of fact have been raised or considered.

At the conclusion of the trial, in which there was an alibi defense, the court charged as follows: "Now, as I have already told you, an alibi is the very best evidence an innocent man can offer. However, if after examining all of the evidence in this case you conclude that the defense of alibi, and you must consider...

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