Opinion
November 10, 1986
Appeal from the Supreme Court, Kings County (Hayes, J).
Ordered that the judgment is affirmed.
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 N.Y.2d 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 N.Y.2d 374). The defendant's remaining contentions are without merit (People v Contes, 60 N.Y.2d 620, 621; People v Arce, 42 N.Y.2d 179, 187). Mollen, P.J., Mangano, Niehoff and Weinstein, JJ., concur.