People v. Walker

Titone, J.,

dissents and votes to reverse the judgment of conviction and order a new trial, with the following memorandum: In this case, the trial court committed two serious errors in its instructions to the jury: (1) that the “[ejvidence with relation to an alibi should be carefully examined” (see People v McFadden, 100 AD2d 520; People v Costales, 87 AD2d 635; People v Wallace, 87 AD2d 895; People v Reed, 83 AD2d 645; People v Rothaar, 75 AD2d 652; People v Fludd, 68 AD2d 409; cf. People v Victor, 62 NY2d 374) and (2) that if the jurors “minds [were] waivering or the scales [were] even or…