Opinion
Submitted December 15, 2000
January 11, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Aiello, J.), rendered September 14, 1995, convicting him of murder in the second degree, robbery in the first degree, robbery in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Gerald Allen, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Caroline R. Donhauser, and Minerva John-Stull of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, ANITA R. FLORIO ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contentions that the prosecutor failed to lay a proper foundation before cross-examining the defendant's alibi witness, and that the court failed to give a related jury instruction, are unpreserved for appellate review (see, People v. Lazarini, 270 A.D.2d 361; People v. Douglas, 248 A.D.2d 550). In any event, a sufficient foundation was laid for the cross-examination of the witness and the court properly instructed the jury (see, People v. Dawson, 50 N.Y.2d 311).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).