Opinion
April 19, 1982
Appeal by defendant from a judgment of the Supreme Court, Queens County (Tsoucalas, J.), rendered December 19, 1979, convicting him of robbery in the first degree and assault in the first degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Although the trial court's charge to the jury as to alibi was erroneous (see People v. Bauer, 83 A.D.2d 869), the error was not preserved for appellate review and it was, in any event, harmless in view of the overwhelming proof of guilt (see People v. Crimmins, 36 N.Y.2d 230). Damiani, J.P., Lazer, Mangano and Brown, JJ., concur.