People v. Branch
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously reversed on the law and new trial granted. Memorandum: County Court’s charge to the jury that "a reasonable doubt must be a substantial doubt” is erroneous and denied defendant due process of law (see, People v Moore, 216 AD2d 902, rearg denied 221 AD2d 1029). Because there must be a retrial, we reach defendant’s alternative arguments. We agree with defendant that the court erred in denying defendant’s request that it charge that the People bore the burden of disproving the alibi defense beyond a reasonable doubt (see, People v Victor, 62 NY2d 374, 377-378) and further…
2Cases cited7 opinions
- People v. VictorNew York Court of Appeals · 1984
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1990
- People v. LeeAppellate Division of the Supreme Court of the State of New York · 1985
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 1995
- People v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by6 opinions
- People v. ParisAppellate Division of the Supreme Court of the State of New York · 1996
- People v. CastrechinoAppellate Division of the Supreme Court of the State of New York · 2005
- People v. HerringAppellate Division of the Supreme Court of the State of New York · 1996
- People v. FishAppellate Division of the Supreme Court of the State of New York · 1996
- Larrabee v. SmithDistrict Court, N.D. New York · 1998
1 more not listed; retrieve them via the Exa API.