¶1At trial, the defendant did not specify why the charge as to alibi as given was inadequate; therefore the claimed error was not preserved for our review as a matter of law (see, People v Hoke, 62 NY2d 1022, 1023). In any event, a review of the alibi charge convinces us that it did, indeed, unequivocally convey the People’s burden to disprove an alibi beyond a reasonable doubt (see, People v Victor, 62 NY2d 374). The defendant’s remaining contentions are without merit (People v Contes, 60 NY2d 620, 621; People v Arce, 42 NY2d 179, 187). Mollen, P. J., Mangano, Niehoff and Weinstein, JJ., concur.
124 A.D.2d 687
People v. Staton
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1986
Appellate Division of the Supreme Court of the State of New York · decided 1986-11-10
Decided 1986-11-10