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People v. Woodson

Appellate Division of the Supreme Court of New York, First Department
Jan 8, 1980
73 A.D.2d 862 (N.Y. App. Div. 1980)

Opinion

January 8, 1980


Judgment of conviction, Supreme Court, Bronx County, rendered November 2, 1977, after trial to a jury, reversed, on the law, and the case remanded for a new trial. Amongst other errors called to our attention was an improper charge concerning defendant's alibi defense: the court did not charge unqualifiedly that an alibi which raises a reasonable doubt entitles a defendant to acquittal. (People v. Brown, 62 A.D.2d 715.) Further, improper hearsay testimony concerning a detective's conversations with defendant's relatives was admitted. Additionally, without proper foundation therefor, the court permitted the prosecutor to argue that a relative of defendant was a "missing witness" under a party's control, and gave the usual charge appropriate to such a circumstance.

Concur — Birns, J.P., Sandler, Sullivan, Markewich and Yesawich, JJ.


Summaries of

People v. Woodson

Appellate Division of the Supreme Court of New York, First Department
Jan 8, 1980
73 A.D.2d 862 (N.Y. App. Div. 1980)
Case details for

People v. Woodson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES WOODSON…

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

Date published: Jan 8, 1980

Citations

73 A.D.2d 862 (N.Y. App. Div. 1980)

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