People v. Pelt

— Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Broomer, J.), rendered September 24, 1982, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Judgment reversed, on the law, and new trial ordered. The facts have been considered and determined to have been established.

At the conclusion of this trial, where the defendant had raised an alibi defense, the defendant’s counsel specifically requested that the court charge that the prosecution had the burden of disproving the defendant’s alibi.…