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PEOPLE v. JOHNSON

127 A.D.2d 852 (1987)

The People of the State of New York, Respondent, v. Barry Johnson, Appellant

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

February 23, 1987

Ordered that the judgment is affirmed.

The defendant contends that the trial court's charge to the jury with regard to the absence of an obligation on the part of an alibi witness to volunteer exculpatory information to law enforcement authorities (see, People v Dawson, 50 N.Y.2d 311) was erroneous. We do not agree. The charge was almost a verbatim reading of the instruction on this subject contained in People v...

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