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People v. Young

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 1985
115 A.D.2d 574 (N.Y. App. Div. 1985)

Opinion

December 9, 1985

Appeal from the Supreme Court, Westchester County (Martin, J.).


Judgment reversed, on the law, count one of the indictment charging defendant with burglary in the first degree dismissed, without prejudice to the People to re-present any appropriate charges to another Grand Jury (People v Beslanovics, 57 N.Y.2d 726), and a new trial ordered on counts three and six, charging defendant with grand larceny in the third degree and petit larceny, respectively. The facts have been considered and determined to be established.

The instructions to the jury tended to indicate the defendant bore some burden of establishing the truth of his alibi. The jury should have been charged, as requested, that the People have the burden of disproving an alibi beyond a reasonable doubt (see, People v Victor, 62 N.Y.2d 374; People v Knowell, 94 A.D.2d 255).

We have reviewed the other contentions raised by defendant and find them to be without merit. Mangano, J.P., Rubin, Eiber and Kooper, JJ., concur.


Summaries of

People v. Young

Appellate Division of the Supreme Court of New York, Second Department
Dec 9, 1985
115 A.D.2d 574 (N.Y. App. Div. 1985)
Case details for

People v. Young

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL A. YOUNG…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 9, 1985

Citations

115 A.D.2d 574 (N.Y. App. Div. 1985)

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