Majority
p. 687The People of the State of New York, Respondent, v Benjamin Staton, Appellant.
At 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.
Cases cited
- People v. Hoke 62 NY2d 1022 at 1023 p. 687
- People v. Victor 62 NY2d 374 p. 687
- People v. Contes 60 NY2d 620 at 621 p. 687
- People v. Arce 42 NY2d 179 at 187 p. 687