People v. Leasure

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered June 21, 1967, convicting him of attempted robbery in the first degree, attempted grand larceny in the second degree and assault in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and a new trial ordered. The findings of fact below are affirmed. The trial court, in instructing the jury on alibi defenses, stated: “if after carefully interpretation [sic] the evidence given in behalf of the defendant * * ” about the alibi * * * you come to the conclusion that it falls…