Opinion
November 15, 1995
Appeal from the Supreme Court, Monroe County, Mark, J.
Present — Green, J.P., Pine, Wesley, Callahan and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that Supreme Court erred in refusing to give a Dawson instruction (see, People v Dawson, 50 N.Y.2d 311). Such an instruction is not necessary where, as here, the People did not argue that the alibi testimony of defendant's mother should be rejected because she had delayed in coming forward with an alibi for defendant (cf., People v Burgos, 50 N.Y.2d 992). The court properly admitted defendant's entire statement to the police (see, People v Ventimiglia, 52 N.Y.2d 350; People v Vails, 43 N.Y.2d 364). We reject the arguments of defendant that the court erred in admitting into evidence the handgun found in his possession and in allowing testimony concerning the handgun (see, People v Mirenda, 23 N.Y.2d 439; see also, People v Pena, 50 N.Y.2d 400, rearg denied 51 N.Y.2d 770, cert denied 449 U.S. 1087; People v Sandy, 187 A.D.2d 466). Defendant did not specifically challenge the admission of the bullets and clip recovered from him; those arguments are unpreserved for our review (see, CPL 470.05), and we decline to exercise our power to address them as a matter of discretion in the interest of justice.
We have examined defendant's remaining arguments and conclude that they lack merit.