People v. Schellhammer

Appeal by defendant from a judgment of the Supreme Court, Queens County (Sharpe, J.), rendered July 7,1982, convicting him of two counts of robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. Following delivery of the court’s alibi charge, defense counsel timely excepted to the court’s failure to instruct the jury that the prosecution must disprove the alibi defense beyond a reasonable doubt. Furthermore, the court instructed the jury to “carefully weigh” the testimony of the alibi witnesses, but rejected defense…