People v. Staton

Appellate Division of the Supreme Court of New York

People v. Staton

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

Appellate Division of the Supreme Court of the State of New York·Decided November 10, 1986·Published·Cited by 4 cases

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.

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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.

People v. Staton, 124 A.D.2d 687, 507 N.Y.S.2d 919, 1986 N.Y. App. Div. LEXIS 61990 (N.Y. Ct. App. 1986).

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Opinion

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