Opinion
July 29, 1991
Appeal from the County Court, Nassau County (Wexner, J.).
Ordered that the judgment is affirmed.
The trial court did not improvidently exercise its discretion in denying the defendant's request to call an alibi witness, which application was made immediately prior to the commencement of jury selection. The defendant did not proffer a reasonable excuse for his failure to file a timely "notice of alibi" pursuant to CPL 250.20 (1), and the prosecutor established that because the crime took place 20 months prior to the request, it would be unduly burdensome for the People to locate any witnesses to refute the proposed testimony of the defendant's alibi witness that the defendant was at a bar at the time of the crime (see, People v Marshall, 170 A.D.2d 463; People v Corpas, 150 A.D.2d 710, 711-715; People v Bunting, 134 A.D.2d 646, 648-649; People v Peralta, 127 A.D.2d 803; cf., People v Peterson, 96 A.D.2d 871).
The defendant's other contentions are without merit. Kooper, J.P., Lawrence, Eiber and O'Brien, JJ., concur.