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People v. Campbell

70 N.Y.2d 724 Court N.Y. Decision date 1987-09-10 English

Contents

Majority

p. 724
The People of the State of New York, Respondent, v Kenneth Campbell, Appellant.
Decided September 10, 1987
p. 725
APPEARANCES OF COUNSEL
Philip L. Weinstein and Ann Cypher for appellant.
Elizabeth Holtzman, District Attorney (Robert E. Lesser of counsel), for respondent.

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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