People v. Adams

Mangano, J.,

dissents and votes to affirm the judgment of conviction, with the following memorandum, in which Thompson, J., concurs: The majority is of the view that the defendant was deprived of a fair trial due to the trial court’s instructions to the jury concerning the defendant’s alibi defense.

I respectfully disagree.

During the course of Criminal Term’s instruction to the jury concerning the defendant’s alibi defense, the court employed the following language: "[i]f the proof as to the alibi when taken into consideration with all the other evidence raises a reasonable doubt in your mind…