Opinion
June 6, 1995
Appeal from the Supreme Court, New York County, Alfred Kleiman, J., Clifford Scott, J.
The hearing court properly held that the complainant's showup identification of defendant, made within 30 minutes and near the scene of the robbery, was not unduly suggestive ( People v Duuvon, 77 N.Y.2d 541). Nor does the trial court's refusal to give an alibi instruction require reversal here, since the charge as a whole conveyed the necessary information regarding the People's burden of proof ( People v. Warren, 76 N.Y.2d 773). The sentence was not excessive, particularly in view of defendant's lengthy criminal record and the violent nature of the instant crimes.
Concur — Ellerin, J.P., Kupferman, Asch, Williams and Tom, JJ.