PEOPLE v. ODENTHAL


216 A.D.2d 70 (1995)

628 N.Y.S.2d 67

The People of the State of New York, Respondent, v. Peter Odenthal, Appellant

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

June 13, 1995


The appellant's principal claim is that the trial court improperly instructed the jury with respect to the evaluation of his alibi defense. We are satisfied that the issue is preserved by appellant's specific exception to the court's charge as it concerned the alibi defense, and would otherwise consider the issue in the interests of justice.

In its charge, the trial court three times stated that an alibi witness "if believed" can raise a reasonable doubt. The court...

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