Majority
p. 877The People of the State of New York, Respondent, v Rafael Brandon, Appellant. [737 NYS2d 569]
—Appeal from a judgment of Orleans County Court (Punch, J.), entered April 19, 2000, convicting defendant after a jury trial of, inter alia, arson in the third degree.
p. 878
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant’s contention that County Court erred in failing to charge an alibi defense is not preserved for our review (see, People v Spruill, 103 AD2d 785 , lv denied 63 NY2d 712 ). Upon our review of the record, we conclude that defendant received effective assistance of counsel (see, People v Baldi, 54 NY2d 137 , 147). Present — Wisner, J.P., Hurlbutt, Kehoe, Burns and Lawton, JJ.
Cases cited
- People v. Baldi 54 NY2d 137 at 147 p. 878