PEOPLE v. PELT


119 A.D.2d 707 (1986)

The People of the State of New York, Respondent, v. Edward Van Pelt, Appellant

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

April 14, 1986


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

At the conclusion of this trial, where the defendant had raised an alibi defense, the defendant's counsel specifically requested that the court charge that the prosecution had the burden of disproving the defendant's alibi. Despite this request, the following charge was given:

"The defendant has interposed a defense of alibi. Alibi...

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