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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN SMITH, Appellant.

Ordered that the judgments are affirmed.

The trial court did not improvidently exercise its discretion when it precluded the defendant from presenting alibi witnesses upon the trial of Indictment No. 11555/89 on the ground that the defendant did not provide adequate notice under CPL 250.20, since the defendant did not proffer a sufficient reason for his failure to comply (see, People v. Toro, 198 A.D.2d 532; People v. Caputo, 175 A.D.2d 290; People v Marshall, 170 A.D.2d 463).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Santucci, J.P., Joy, Krausman and Goldstein, JJ., concur.

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PEOPLE v. SMITH
(Oct 31, 1994)