PEOPLE v. ASTOL


118 A.D.2d 578 (1986)

The People of the State of New York, Respondent, v. Joseph Astol, Appellant

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

March 3, 1986


Judgment reversed, on the law, and new trial ordered. The findings of fact have been considered and determined to have been established.

The trial court erred in denying the defense counsel's several requests to charge that the People must disprove the defendant's alibi beyond a reasonable doubt. Such an instruction is an important element of any charge on the issue of alibi. The trial court must unequivocally convey this burden of proof to the jury (see, e.g....

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