Opinion
November 10, 1986
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Doerr, J.P., Green, Balio, Lawton and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: Defendant failed to request the court to instruct the jury regarding his alibi defense and made no objection to the charge as given. Although an alibi instruction was warranted, this error, together with claimed improprieties in the prosecutor's summation, was not preserved for our review (CPL 470.05; People v Williams, 46 N.Y.2d 1070, 1071; People v Cobenais, 112 A.D.2d 31) and reversal in the interest of justice is not warranted (CPL 470.15; People v Hopkins, 58 N.Y.2d 1079, 1083; People v Cobenais, supra).
We have considered defendant's remaining contentions and find that they lack merit.