PEOPLE v. JACK


146 A.D.2d 532 (1989)

The People of the State of New York, Respondent, v. Gregory Jack, Appellant

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

January 24, 1989


Supreme Court's failure to give the requested alibi charge to the jury was reversible error. According to the testimony of the police officers who participated in the "buy and bust" operation, the alleged sale of narcotics occurred between approximately 2:20 and 2:25 P.M. in the stairwell between the first and second floors of 2211 Eighth Avenue. The defense, however, offered testimony that the defendant left his sister's second-floor apartment for the first time after 2...

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