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PEOPLE v. STATON

Appellate Division of the Supreme Court of New York, Second Department.
Nov 10, 1986
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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.