People v. Campbell

New York Court of Appeals

People v. Campbell

513 N.E.2d 1300, 70 N.Y.2d 724, 519 N.Y.S.2d 639, 1987 N.Y. LEXIS 18177

New York Court of Appeals·Decided September 10, 1987·Published·Cited by 4 cases

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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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.

People v. Campbell, 513 N.E.2d 1300, 70 N.Y.2d 724, 519 N.Y.S.2d 639, 1987 N.Y. LEXIS 18177 (N.Y. 1987).

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Opinion

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