Opinion
November 9, 1987
Appeal from the Supreme Court, Kings County (Levine, J.).
Ordered that the judgment is affirmed.
The evidence, viewed in the light most favorable to the prosecution, is legally sufficient as a matter of law to support the defendant's conviction (see, People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932). Moreover, upon the exercise of our factual review power, we are satisfied that the defendant's guilt was established beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15).
The court did not err in permitting the prosecutor to cross-examine the alibi witness about her earlier failure to notify the authorities of her information; a bench conference was held, a proper foundation was then laid (see, People v. Dawson, 50 N.Y.2d 311, 322-323), and a limiting instruction was given, as requested by the defense counsel.
We have examined the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Brown, Lawrence and Spatt, JJ., concur.