People v. Washington

Appeal by the defendant *795from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered January 27, 1984, convicting him of robbery in the second degree and assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

We agree with the defendant’s contention that the trial court’s alibi charge, which was objected to at trial, deprived him of a fair trial by reason of the court’s failure to instruct the jury that the People bore the burden of…