A MAN sentenced to 12 years in prison for a gunpoint robbery of a Queens movie theatre is entitled to a new trial because his lawyer belatedly raised an alibi defense, a Queens judge ruled last week.
Justice Arthur J. Cooperman, who presided over the 1997 trial at which Luis Delarosa was convicted of robbing the Ridgewood Movie Theatre, ordered the new trial, finding the tardy raising of the alibi defense to be “negligence” that “seriously compromised the defendant’s right to a fair trial.”