People v. Chestnut

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 13, 1971, convicting him of robbery in the second degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as *595a matter of discretion in the interest of justice, and a new trial ordered. On the trial, defendant attempted to establish a defense of alibi. The trial court’s charge to the jury on this point closely followed the alibi charge in People v. Johnson (37 A D 2d 733) where it was held that to require the defendant to clearly establish…