New York Court of Appeals

The People of the State of New York, Respondent v. Dannell Warren, Appellant

June 28, 199076 N.Y.2d 773

Summary

The New York Court of Appeals affirmed the conviction, holding that the trial court's refusal to give a specific alibi instruction did not require reversal because the charge as a whole conveyed the People’s burden of proof, and any evidentiary errors were harmless. The majority relied on People v Holt, People v Victor, and People v Whalen in reaching this conclusion. Judge Kaye dissented, arguing that a specific alibi instruction is required and that the omission constitutes reversible error. The dissent contended that the case should be reversed.