People v. Staton

124 A.D.2d 687, 507 N.Y.S.2d 919, 1986 N.Y. App. Div. LEXIS 61990

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 10, 1986
• Status: Published

Opinion

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.