Legal Opinion

People v. Walsh

Appellate Division of the Supreme Court of the State of New York

Decided February 21, 1995Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered November 18, 1991, convicting her of burglary in the third degree and criminal mischief in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.

Once again, Justice Browne’s alibi charge was improper. Justice Browne did not clearly convey to the jury that the People bear the burden of disproving an alibi defense beyond *748a reasonable doubt (see, People v King, 200 AD2d…

2Cases cited4 opinions

  1. People v. La RosaAppellate Division of the Supreme Court of the State of New York · 1985
  2. People v. EnglishAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. MunsonAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. KingAppellate Division of the Supreme Court of the State of New York · 1994

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