People v. Carter

The defendant, by his attorney, moves this court for an order declaring the New York “ notice of alibi ’ ’ statute (CPL 250.20) unconstitutional and permitting him to offer an alibi defense at trial despite his failure to serve the notice required by that statute. In the alternative, the defendant requests that, should we find the statute constitutional, the People be required to afford him reciprocal discovery.

The defendant was indicted on February 26, 1973. The People, in keeping with their usual practice, apparently attached a demand for a notice of alibi to the copy of the indictment…