People v. Klemm
124 A.D.2d 826, 508 N.Y.S.2d 545, 1986 N.Y. App. Div. LEXIS 62156
Appellate Division of the Supreme Court of the State of New York·Decided November 24, 1986·Published·Cited by 7 cases
Opinion
[827]*827The complete failure of the trial court to instruct the jury with respect to the evaluation of the identification evidence presented (see, People v Whalen, 59 NY2d 273; People v McKenzie, 97 AD2d 774; People v Daniels, 88 AD2d 392), and its similar total neglect to charge the jury as to the defendant’s alibi defense (see, People v Vera, 94 AD2d 728) mandate reversal, despite the fact that the errors were not preserved for appellate review. Mollen, P. J., Brown, Niehoff and Kooper, JJ., concur.
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People v. Klemm, 124 A.D.2d 826, 508 N.Y.S.2d 545, 1986 N.Y. App. Div. LEXIS 62156 (N.Y. Ct. App. 1986).
124 A.D.2d 826 (People v. Klemm) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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