New York Court of Appeals, 1987

People v. Campbell

People v. Campbell
New York Court of Appeals · Decided September 10, 1987
70 N.Y.2d 724; 513 N.E.2d 1300; 519 N.Y.S.2d 639; 1987 N.Y. LEXIS 18177
People v. Campbell

Cases that cite this one

4 later published cases cite this decision.

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Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed and a new trial ordered. This jury instruction concerning the alibi defense "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).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Hancock, Jr., and Bellacosa. Taking no part: Judge Titone.

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