People v. Janes

—Judgment unanimously affirmed. Memorandum: Defendant did not object to the omission of an alibi charge and thus failed to preserve that issue for our review (see, CPL 470.05 [2]; People v Whalen, 59 NY2d 273 , 279-280; People v Rivera, 256 AD2d 1098 ; People v Hale, 124 AD2d 1025 , lv denied 69 NY2d 881 ). Also unpreserved for our review is the contention of defendant that there was an insufficient evidentiary foundation for the tape recording (see, CPL 470.05 [2]). In any event, that contention is without merit (see, People v Ely, 68 NY2d 520 , 527; People v McGee, 49 NY2d 48 , 59, cert denied sub nom. Waters v New York, 446 US 942 ; see also, People v Lubow, 29 NY2d 58 , 68; People v Gandy, 152 AD2d 909 , lv denied 74 NY2d 896 ). Upon our review of the tape recording, we conclude that County Court properly exercised its discretion in overruling defendant’s inaudibility objection (see, People v Scarbrough, 254 AD2d 824 , lv denied 92 NY2d 1038 ; People v Wade, 173 AD2d 662 ; People v Watson, 172 AD2d 882 , 883). Finally, the verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). (Appeal from Judgment of Cayuga County Court, Corning, J. — Criminal Sale Marihuana, 2nd Degree.) Present — Denman, P. J., Hayes, Wisner, Hurlbutt and Callahan, JJ.