Appellate Division of the Supreme Court of the State of New York, Fourth Department.
Judgment unanimously reversed on the law and indictment dismissed.
Memorandum:
Upon the exercise of our factual review powers (CPL 470.15 [1]; 470.20 [5]), we conclude that the People failed to meet their burden of disproving defendant's alibi defense beyond a reasonable doubt (see, People v Victor,
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