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People v. La Chance

Court of Appeals of the State of New York
Jun 8, 1976
39 N.Y.2d 892 (N.Y. 1976)

Opinion

Argued May 7, 1976

Decided June 8, 1976

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALBERT H. BUSCHMANN, J.

Jane E. Berger and William E. Hellerstein for appellant.

Nicholas Ferraro, District Attorney (Michael T. Ridge of counsel), for respondent.


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 properly 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.


Summaries of

People v. La Chance

Court of Appeals of the State of New York
Jun 8, 1976
39 N.Y.2d 892 (N.Y. 1976)
Case details for

People v. La Chance

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JANET LA CHANCE…

Court:Court of Appeals of the State of New York

Date published: Jun 8, 1976

Citations

39 N.Y.2d 892 (N.Y. 1976)

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