People v. Johnson

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 28, 1970, convicting him of robbery in the first degree and grand larceny in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The findings of fact are affirmed. In our opinion, the charge of the trial court with respect to the defense of alibi was error. The court instructed the jury that “an alibi defense, if clearly established by unsuspected believable testimony, is the very best defense an innocent man can make, and this is obvious.”…