Legal Opinion

People v. Contes

Appellate Division of the Supreme Court of the State of New York

Decided December 21, 1982PublishedCited by 5 opinions

1Opinion of the Court

— Judgment, Supreme Court, Bronx County (Cerbone, J.), rendered November 12, 1980 convicting defendant, on jury verdict, of robbery in the first degree (Penal Law, § 160.15), and sentencing him thereon, is affirmed. The issue on which our dissenting brother differs from us is the sufficiency of the court’s charge to the jury as to the defendant’s alibi. The language of the charge on this point is set forth in the dissent. The claim of error is essentially that this language in part shifts to the defendant the burden of proof on the issue of alibi whereas the People have the burden of…

2Cases cited7 opinions

  1. People v. ThomasNew York Court of Appeals · 1980
  2. People v. DekleNew York Court of Appeals · 1982
  3. People v. YanikNew York Court of Appeals · 1977
  4. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1980
  5. People v. LediardAppellate Division of the Supreme Court of the State of New York · 1981

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. GardnerAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. EdensAppellate Division of the Supreme Court of the State of New York · 1992
  3. State v. OrtizNew Mexico Supreme Court · 2020
  4. People v. StaplesAppellate Division of the Supreme Court of the State of New York · 1984
  5. People v. VictorAppellate Division of the Supreme Court of the State of New York · 1983

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