PEOPLE v. JACK


74 N.Y.2d 708 (1989)

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

Court of Appeals of the State of New York.

Decided June 15, 1989.


Attorney(s) appearing for the Case

Robert Morgenthau, District Attorney (Karen L. Mallory of counsel), for appellant.

Robert S. Dean and Philip L. Weinstein for respondent.

Chief Judge WACTHER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

We agree with the Appellate Division that it was error for the trial court to refuse counsel's request that it instruct the jury on alibi. The alibi testimony of defendant and his sister did not have to establish that it would have been impossible for the defendant to have committed the crime and need not have covered the whole time of the transaction...

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