AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LIBRADO CARRERAS, Also Known as JOSE RIVERA, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered April 20, 1978, convicting him of robbery in the second degree (two counts) and grand larceny in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered. The trial court's charge as to the alibi defense was improper as it served to place the burden upon the defendant to prove the truth of his alibi (see People v Lee, 80 A.D.2d 905; People v. Jones, 74 A.D.2d 515; People v Griswold, 72 A.D.2d 778). "A defendant does not have to prove the truth of his alibi in any way" (People v. Griswold, supra, p 778). Furthermore, the court's statement that the alibi evidence should be "carefully scrutinized" was misleading, since no similar admonition was contained in the court's charge on the issue of identification (see People v. Fludd, 68 A.D.2d 409). We have considered defendant's remaining contentions and find them to be without merit. Gulotta, J.P., Cohalan, O'Connor and Thompson, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. CARRERAS
(Jul 13, 1981)