Opinion
March 21, 1994
Appeal from the Supreme Court, Queens County (Demakos, J.).
Ordered that the judgment is affirmed.
The defendant's contention that reversible error took place by reason of the trial court's failure to give an alibi charge has not been preserved for appellate review since the defendant neither requested such a charge nor objected to the jury charge on this basis (see, CPL 470.05; People v. Howard, 153 A.D.2d 903). Moreover, we are not inclined to reach this issue in the exercise of our interest of justice jurisdiction (see, CPL 470.15 [c]) in view of the thorough instructions given by the trial court that the defendant's guilt had to be proven beyond a reasonable doubt (see, People v. Warren, 76 N.Y.2d 773).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80). Thompson, J.P., Santucci, Krausman and Florio, JJ., concur.