Appellate Division of the Supreme Court of New York, 1989

People v. Seals

People v. Seals
Appellate Division of the Supreme Court of New York · Decided April 14, 1989
149 A.D.2d 929; 540 N.Y.S.2d 62; 1989 N.Y. App. Div. LEXIS 5937
People v. Seals

Opinion of the Court

— Judgment unanimously reversed on the law and new trial granted. Memorandum: By instructing the jury that it "must be satisfied as to the actual occurrence of the alibi”, the court "conveyed to the jury * * * that the defendant must prove the truth of the alibi * * *. Thus, viewed m its entirety, the charge was not satisfactory without the additional requested warning that the People had the entire burden of disproving the alibi beyond a reasonable doubt” (People v Victor, 62 NY2d 374, 378; see also, People v Campbell, 70 NY2d 724, 725). (Appeal from judgment of Erie County Court, La Mendola, J. — robbery, second degree, and *930other charges.) Present—Callahan, J. P., Doerr, Boomer, Pine and Davis, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.