Judgment reversed on the law and new trial granted.
Memorandum:
In connection with its alibi charge, the court instructed the jury that: "[t]he burden of proof never shifts to the People * * * if you, the jury, believe the evidence * * * it is for you, the jury, to determine whether or not the alibi should be believed"; and "you must be satisfied as to the actual occurrence of the alibi". This was fundamental error. The People have the burden of disproving...
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