Opinion
May 13, 1991
Appeal from the Supreme Court, Kings County (Marrus, J.).
Ordered that the judgment is affirmed.
The defendant's claim that the court erred in failing to give an alibi charge is unpreserved for appellate review (see, CPL 470.05; People v Cadorette, 56 N.Y.2d 1007; People v Lassiter, 161 A.D.2d 669; People v Howard, 153 A.D.2d 903) and in light of the overwhelming evidence of defendant's guilt, we decline to reach this issue in the exercise of our interest of justice jurisdiction (see, CPL 470.15).
The sentence imposed by the court was not excessive under the circumstances (see, People v Suitte, 90 A.D.2d 80; People v Lassiter, supra). We have examined the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Bracken, Lawrence and Eiber, JJ., concur.