Opinion
March 3, 1986
Appeal from the Supreme Court, Queens County (Rubin, J.).
Judgment reversed, on the law, and new trial ordered. The findings of fact have been considered and determined to have been established.
The trial court erred in denying the defense counsel's several requests to charge that the People must disprove the defendant's alibi beyond a reasonable doubt. Such an instruction is an important element of any charge on the issue of alibi. The trial court must unequivocally convey this burden of proof to the jury (see, e.g., People v. Victor, 62 N.Y.2d 374).
In addition, the court's charge on interested witnesses was unbalanced in that it stressed the application of that rule to the defense witnesses without any mention of the People's witnesses to whom it might have also applied (cf. People v Gadsden, 80 A.D.2d 508).
In view of the prejudicial effect of these errors, the defendant is entitled to a new trial. Lawrence, J.P., Eiber, Kunzeman and Kooper, JJ., concur.