17.21 - C. Alibi

• Jurisdiction: New York

C. Alibi

An alibi is not a statutory defense; however, it is treated as the equivalent of a PL § 25.00(1) ordinary defense. Therefore, the People must disprove the alibi beyond a reasonable doubt.²⁷⁶⁰ Section 250.20 of the CPL provides, however, that a defendant seeking to impose an alibi defense must provide notice to the prosecution. The purpose of the statutory scheme is to allow the prosecutor an opportunity to fairly investigate the merits of the alibi since such a defense can be easily manufactured.²⁷⁶¹

Section 250.20(1) allows the prosecution, within 20 days after arraignment, to serve upon the defendant and file a copy with the court a demand for a notice of alibi “if the defendant intends to offer a trial defense that at the time of the commission of the crime charged he was at some place or places other than the scene of the crime, and to call witnesses in support of such defense.” If such a demand is made and the defendant intends to offer such a defense, the defendant must, within eight days of receipt of the prosecution’s demand, serve upon the prosecution, and file a copy with the court, the following: (1) the place or places where the defendant claims to have been at the time in question; and (2) the names, residential addresses and the place(s) and address(es) of employment of...