People v. Victor
New York Court of Appeals
POINTS OF COUNSEL I. Defendant’s guilt was proven beyond a reasonable doubt by overwhelming evidence. (.People v Johnson, 57 NY2d 969.) II. The court below erred as a matter of law when it reversed defendant’s conviction and ordered a new trial based upon its disapproval of the lower court’s alibi instructions; the charge, as given, properly informed the jury of the People’s burden of proof with regard to alibi.
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POINTS OF COUNSEL I. Defendant’s guilt was proven beyond a reasonable doubt by overwhelming evidence. (.People v Johnson, 57 NY2d 969.) II. The court below erred as a matter of law when it reversed defendant’s conviction and ordered a new trial based upon its disapproval of the lower court’s alibi instructions; the charge, as given, properly informed the jury of the People’s burden of proof with regard to alibi. (.People v Victor, 94 AD2d 289; People v Barbato, 254 NY 170; People v Elmore, 277 NY 397; People v Whalen, 59 NY2d 273; People v O’Neill, 79 AD2d 429; People v Bacon, 84 AD2d 680;…
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
This appeal concerns the appropriate treatment a trial court must give to alibi evidence in its charge to the jury. The People have the burden of disproving an alibi beyond a reasonable doubt and, therefore, a charge regarding an alibi must unequivocally convey that burden to the jury.
Defendant was charged in two separate indictments with robberies at a Bronx luncheonette on October 30,1978, and on December 15, 1978. These indictments were consolidated and, at trial, defendant presented evidence that he was in Manhattan when both crimes occurred. The jury acquitted…
3Cases cited13 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- People v. WhalenNew York Court of Appeals · 1983
- People v. RussellNew York Court of Appeals · 1934
- People v. DanielsAppellate Division of the Supreme Court of the State of New York · 1982
- People v. BarbatoNew York Court of Appeals · 1930
8 more not listed; retrieve them via the Exa API.
4Cited by116 opinions
- People v. HoltNew York Court of Appeals · 1986
- People v. WarrenNew York Court of Appeals · 1990
- People v. BauerAppellate Division of the Supreme Court of the State of New York · 1985
- People v. DeGinaNew York Court of Appeals · 1988
- People v. ColonAppellate Division of the Supreme Court of the State of New York · 1986
111 more not listed; retrieve them via the Exa API.