Legal Opinion
People v. Street
Appellate Division of the Supreme Court of the State of New York
Decided November 24, 1986PublishedCited by 29 opinions
1Opinion of the Court
The defendant’s contention that the trial court’s alibi charge failed to unequivocally state that the People have the burden of disproving an alibi beyond a reasonable doubt (People v Victor, 62 NY2d 374, 378) and impermissibly shifted to him the burden of proof has not been preserved for our review as a matter of law (see, People v Hoke, 62 NY2d 1022). In any event, while the alibi charge was not exemplary (cf. 1 CJI [NY] 12.10 pp 696-697), the charge as a whole adequately apprised the jury of the relevant concepts to be applied (see, People v Canty, 60 NY2d 830).
Moreover, although several…
2Cases cited5 opinions
- People v. CantyNew York Court of Appeals · 1983
- People v. HokeNew York Court of Appeals · 1984
- People v. VictorNew York Court of Appeals · 1984
- People v. ColonAppellate Division of the Supreme Court of the State of New York · 1986
- People v. PayneAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by29 opinions
- People v. ScattareggiaAppellate Division of the Supreme Court of the State of New York · 1989
- People v. DraksinAppellate Division of the Supreme Court of the State of New York · 1988
- People v. PersaudAppellate Division of the Supreme Court of the State of New York · 1997
- People v. RoccaforteAppellate Division of the Supreme Court of the State of New York · 1988
- People v. ShawAppellate Division of the Supreme Court of the State of New York · 1989
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