Opinion
June 7, 1991
Appeal from the Monroe County Court, Egan, J.
Present — Callahan, J.P., Denman, Green, Pine and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the court's charge on his alibi defense was erroneous because it suggested that the defendant had a burden of proof, which he does not (see, People v Victor, 62 N.Y.2d 374). We are obliged to address that issue notwithstanding defendant's failure to preserve it for review by timely objection (see, People v Jackson, 167 A.D.2d 893). We find the error harmless, however, because the evidence of defendant's guilt was overwhelming. The victim of the attempted murder, who was a close acquaintance of the defendant, testified that defendant fired several shots at her and her boyfriend, the murder victim, in retaliation for her boyfriend's alleged theft of cocaine from the codefendant. Another witness testified that he observed defendant carrying the murder weapon shortly after the shooting occurred. Thus, we conclude that there is no reasonable possibility that the court's erroneous alibi instruction contributed to defendant's convictions (see, People v Crimmins, 36 N.Y.2d 230, 237; People v Cadorette, 83 A.D.2d 908, affd 56 N.Y.2d 1007; People v Shaw, 112 A.D.2d 958, 959).
We have reviewed the other issues raised on appeal by counsel and by defendant pro se and find them to be without merit.