People v. Griswold

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 8, 1978, convicting him of robbery in the second degree and burglary in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. In its charge to the jury on alibi, the court stated: "Evidence with relation to alibi should be most carefully scrutinized if the defendant’s guilt is not established beyond a reasonable doubt. By reason of the truth of his alibi you must acquit him. The defendant is not required…