New York Court of Appeals, 1976

People v. La Chance

New York Court of Appeals · Decided June 8, 1976

39 N.Y.2d 892; 352 N.E.2d 582; 386 N.Y.S.2d 395; 1976 N.Y. LEXIS 2836

Cases that cite this one

3 later published cases cite this decision.

Buitrago v. Scully (District Court, S.D. New York 1989)
People v. Jack (N.Y. 1989)
People v. Vera (Appellate Division of the Supreme Court of New York 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Memorandum. The order affirming the judgment of conviction should be reversed and a new trial ordered.

In view of the closeness of the trial evidence in this burglary case, the trial court’s failure to instruct the jury, as requested by defense counsel, on the law relating to an alibi defense, even though defendant had presented two alibi witnesses, requires a reversal of the conviction. A defendant is entitled, where the defense of alibi is raised, to have the jury *894properly instructed as to the legal principles against which to weigh such alibi evidence.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order reversed, etc.

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