Legal Opinion
People v. Munson
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 1988PublishedCited by 4 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered March 2, 1984, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial ordered.
The court’s alibi charge was improper. The court did not unequivocally charge that the People had the burden to disprove the alibi defense beyond a reasonable doubt (see, People v Wintje, 68 NY2d 637; People v Victor, 62 NY2d 374). The court erroneously charged…
2Cases cited6 opinions
- People v. VictorNew York Court of Appeals · 1984
- People v. LeeAppellate Division of the Supreme Court of the State of New York · 1985
- People v. McFaddenAppellate Division of the Supreme Court of the State of New York · 1984
- People v. WatsonAppellate Division of the Supreme Court of the State of New York · 1985
- People v. MemmingerAppellate Division of the Supreme Court of the State of New York · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1990
- People v. CelestinAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BranchAppellate Division of the Supreme Court of the State of New York · 1996
- People v. WalshAppellate Division of the Supreme Court of the State of New York · 1995