Majority
p. 826The People of the State of New York, Respondent, v Joseph Klemm, Appellant.
p. 827
The 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.
Cases cited
- People v. Whalen 59 NY2d 273 p. 827
- People v. Daniels 88 AD2d 392 p. 827