People v. Jack

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We agree with the Appellate Division that it was error for the trial court to refuse counsel’s request that it instruct ’the jury on alibi. The alibi testimony of defendant and his sister did not have to establish that it would have been impossible for the defendant to have committed the crime and need not have covered the whole time of the transaction in question (see, People v Holt, 67 NY2d 819, 820-821 [quoting People v Barbato, 254 NY 170, 178-179]). Rather, the evidence simply had to raise a reasonable…