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People v. La Chance

352 N.E.2d 582, 39 N.Y.2d 892, 386 N.Y.S.2d 395, 1976 N.Y. LEXIS 2836
CourtNew York Court of Appeals
DecidedJune 8, 1976
StatusPublished
Cited by3 cases

This text of 352 N.E.2d 582 (People v. La Chance) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. La Chance, 352 N.E.2d 582, 39 N.Y.2d 892, 386 N.Y.S.2d 395, 1976 N.Y. LEXIS 2836 (N.Y. 1976).

Opinion

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 [894]*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.

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Related

People v. Jack
541 N.E.2d 410 (New York Court of Appeals, 1989)
Buitrago v. Scully
705 F. Supp. 952 (S.D. New York, 1989)
People v. Vera
94 A.D.2d 728 (Appellate Division of the Supreme Court of New York, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
352 N.E.2d 582, 39 N.Y.2d 892, 386 N.Y.S.2d 395, 1976 N.Y. LEXIS 2836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-la-chance-ny-1976.