Opinion
June 1, 1987
Appeal from the Supreme Court, Kings County (Demakos, J.).
Ordered that the judgment and amended judgment are affirmed.
The conduct of the prosecutor and court did not deprive the defendant of a fair trial (see, People v Chappell, 122 A.D.2d 889, lv denied 68 N.Y.2d 999). The asserted errors in the alibi charge were not excepted to, and are thus unpreserved for appellate review (see, People v Whalen, 59 N.Y.2d 273, 279-280). In any event, in light of the overwhelming proof of guilt, any error was harmless (cf., People v Bigelow, 106 A.D.2d 448; People v Joiner, 105 A.D.2d 805; People v Lee, 110 A.D.2d 913; People v Francis, 110 A.D.2d 906).
The court also correctly adjudged the defendant to be in violation of probation under indictment No. 21/80 and properly imposed a new sentence.
The defendant's remaining contentions have been examined and are found to be lacking in merit. Thompson, J.P., Lawrence, Weinstein and Rubin, JJ., concur.