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PEOPLE v. MOLINA

243 A.D.2d 507 (1997)

663 N.Y.S.2d 88

The People of the State of New York, Respondent, v. Antonio Molina, Also Known as Juan Ramirez, Appellant

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

October 6, 1997

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

After the Trial Judge completed his final instructions and the jury was sent out of the courtroom to commence its deliberations, the defense attorney objected to the charge on two grounds: (1) the alibi charge impermissibly shifted the burden of proof, and (2) the court erroneously omitted a circumstantial evidence charge. The Trial Judge refused...

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