Opinion
December 23, 1988
Appeal from the Cayuga County Court, Corning, J.
Present — Dillon, P.J., Denman, Balio, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: On this appeal defendant contends that he was denied a fair trial by the court's instructions to the jury. Specifically, defendant challenges the court's marshaling of the evidence, its alibi charge and its charge on identification testimony. These claims were not preserved for our review (see, CPL 470.05; People v Thomas, 50 N.Y.2d 467) and we decline to consider them as a matter of discretion in the interest of justice (see, CPL 470.15).
We reject defendant's claim that he was deprived of the effective assistance of counsel. The evidence, the law and the circumstances of this case reveal that defendant's attorney provided meaningful representation (see, People v Baldi, 54 N.Y.2d 137, 147).
We have reviewed defendant's remaining contentions and find them to be lacking in merit.