People v. Burgos

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

It was error for the Trial Judge to refuse to advise the jury that defendant’s alibi witnesses had no duty to volunteer exculpatory information to law enforcement authorities (see People v Dawson, 50 NY2d 311, 322). Moreover, as Mr. Justice Fein, in his dissenting opinion at the Appellate Division, correctly indicated, it was proper for defendant’s counsel to have advised the witness to that effect. Thus, when counsel, following recognized practice in making his offer of proof, asked…