Opinion
September 8, 1986
Appeal from the Supreme Court, Queens County (Leahy, J.).
Judgments affirmed.
With respect to his conviction after trial, the defendant's claim that it was error to permit cross-examination of his alibi witness concerning her pretrial silence without a proper foundation having been laid (see, People v Dawson, 50 N.Y.2d 311), has not been preserved for our review (see, People v Walker, 104 A.D.2d 573, 574-575). Similarly unpreserved is the defendant's claim that the court's charge on identification and alibi was erroneous (see, People v Harris, 107 A.D.2d 761). On the basis of this record, we find that an exercise of our interest of justice jurisdiction is unwarranted.
We agree with the defendant's assigned counsel that there are no nonfrivolous issues that could be raised with respect to the defendant's plea of guilty under indictment No. 167/76. Counsel's application for leave to withdraw as counsel with regard to this indictment is granted (see, Anders v California, 386 U.S. 738; People v Paige, 54 A.D.2d 631; cf. People v Gonzalez, 47 N.Y.2d 606). Brown, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.