Opinion
KA 00-01113
February 1, 2002.
Appeal from a judgment of Orleans County Court (Punch, J.), entered April 19, 2000, convicting defendant after a jury trial of, inter alia, arson in the third degree.
KATHLEEN E. CASEY, MIDDLEPORT, FOR DEFENDANT-APPELLANT.
JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (KATHERINE KERSCH BOGAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: WISNER, J.P., HURLBUTT, KEHOE, BURNS, AND LAWTON, JJ.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant's contention that County Court erred in failing to charge an alibi defense is not preserved for our review ( see, People v. Spruill, 103 A.D.2d 785, lv denied 63 N.Y.2d 712). Upon our review of the record, we conclude that defendant received effective assistance of counsel ( see, People v. Baldi, 54 N.Y.2d 137, 147).