Opinion
November 19, 1984
Appeal from the Supreme Court, Kings County (Lombardo, J.).
Judgment affirmed.
The defendant's contention, raised for the first time on appeal, that the trial court erred in permitting the prosecutrix to cross-examine his alibi witness concerning the latter's pretrial silence, without a proper foundation having been laid, and without a limiting instruction (see People v Dawson, 50 N.Y.2d 311), has not been preserved for our review ( People v Rossman, 95 A.D.2d 873). Under the circumstances presented herein, most noteworthy of which is the certainty of the complainants' identification of defendant as one of the perpetrators of the robbery (cf. People v Orse, 91 A.D.2d 1003), we decline to exercise our interest of justice jurisdiction (see People v Walker, 104 A.D.2d 573).
We have considered defendant's remaining contentions and find them to be either unpreserved or lacking in merit. Lazer, J.P., Thompson, Niehoff and Rubin, JJ., concur.