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People v. Staton

124 A.D.2d 687 Court N.Y. App. Div. Decision date 1986-11-10 English

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p. 687
The 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.

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