Opinion
January 25, 2000
Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered October 19, 1994, convicting defendant, after a jury trial, of robbery in the first and second degrees and criminal possession of a weapon in the second degree and sentencing him, as a second felony offender, to concurrent terms of 9 to 18 years, 7 to 14 years and 7 to 14 years, unanimously affirmed.
Joseph Ippolito, for respondent.
John Gemmill, for defendant-appellant.
ELLERIN, J.P., SAXE, BUCKLEY, FRIEDMAN, JJ.
On the existing record, viewed in its entirety, we find that defendant received meaningful representation (see, People v. Benevento, 91 N.Y.2d 708, 713-714; People v. Hobot, 84 N.Y.2d 1021, 1024). Defendant could not have been deprived of a fair trial by the fact that his counsel made no request for an alibi instruction as to defendant's testimony, wherein he asserted that he was elsewhere at the time of the crime, since the court's charge as a whole conveyed the same principles as those underlying an alibi instruction (see, People v. Warren, 76 N.Y.2d 773; People v. Hayes, 191 A.D.2d 368, lv denied 82 N.Y.2d 719). We have considered and rejected defendant's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.