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PEOPLE v. BROWN

30 A.D.3d 609 (2006)

817 N.Y.S.2d 139

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LENWORTH BROWN, Appellant.

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

June 20, 2006.

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

Where, as here, the defendant takes the stand in his own defense and testifies that he was elsewhere at the time the crime was committed, the testimony is legally sufficient to raise an alibi defense, and the defendant is entitled to an alibi charge upon his request (see People v Warren, 76 N.Y.2d 773

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