PEOPLE v. WRIGHT

Judgment unanimously reversed, on the law, and a new trial granted. Memorandum: It was reversible error for the court, in the absence of independent proof of fabrication, to instruct the jury that it could consider as some evidence of guilt a possible false alibi ( People v. Russell, 266 N.Y. 147; People v Abdul-Malik, 61 A.D.2d 657, 661; People v. Cright, 47 A.D.2d 906; People v. Leasure, 34 A.D.2d 688; Richardson, Evidence [10th ed], § 167). Since a new trial is required, we note that the instruction that a person intends the natural and probable consequences of his act, although not objected to, was erroneous ( Sandstrom v. Montana, 442 U.S. 510). On the new trial, the District Attorney, before cross-examining the alibi witness concerning her failure to come forward to authorities, should lay the foundation set forth in People v. Dawson ( 50 N.Y.2d 311). We have considered the other points raised by defendant, including his claim that the identification testimony should have been suppressed, and find them to be without merit.