People v. Jiminez

Appeal by defendant from a judgment of the Supreme Court, Queens County (Dubin, J.), rendered February 24, 1983, convicting him of robbery in the first degree, robbery in the second degree (two counts), and criminal use of a firearm in the second degree, upon a jury verdict, and imposing sentence.

Judgment reversed, on the law, and new trial ordered.

*833In its charge to the jury, the court said that alibi testimony is a strong defense “if you believe it”. This language could have misled the jury into thinking that it must have been convinced of the alibi’s truth before the alibi could serve as a…