PEOPLE v. MARINUS

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620), we find that the evidence was legally sufficient to prove the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict is not. against the weight of the evidence ( see, CPL 470.15).

The defendant's contention that the People failed to disprove his alibi defense beyond a reasonable doubt is not preserved for appellate review ( see, CPL 470.05; People v. Santos, 86 N.Y.2d 869; People v. Gray, 86 N.Y.2d 10; People v. Coleman, 225 A.D.2d 705). In any event, the defendant's contention is without merit. The People disproved the defendant's alibi by proving their own case beyond a reasonable doubt ( see, People v. O'Neill, 79 A.D.2d 429).

Pizzuto, J. P., Joy, Florio and Luciano, JJ., concur.