Opinion
November 15, 1988
Appeal from the Onondaga County Court, Burke, J.
Present — Denman, J.P., Boomer, Balio, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The court erred by permitting the prosecutor to examine an alibi witness about his failure to give exculpatory information concerning defendant to the police. A proper foundation was not established for the inquiry, and the court failed to give limiting instructions (see, People v. Dawson, 50 N.Y.2d 311, 321-323). Reversal is not required, however, because the issue was not preserved for our review (CPL 470.05) and because the error was harmless (People v. Crimmins, 36 N.Y.2d 230).
Defendant's remaining claims either lack merit or were not preserved for our review; review in the interests of justice is not warranted.