Opinion
November 13, 2000.
Appeal from Judgment of Monroe County Court, Connell, J. — Robbery, 1st Degree.
PRESENT: PIGOTT, JR., P. J., PINE, HAYES, WISNER AND KEHOE, JJ.
Judgment unanimously affirmed.
Memorandum:
County Court did not abuse its discretion in denying defendant's request to file a late notice of alibi. Defendant did not give a reasonable explanation for failing to comply with CPL 250.20 (1) and waiting until the day of jury selection to inform the People of alibi witnesses ( see, People v. Watson, 269 A.D.2d 755, lv denied 95 N.Y.2d 806; People v. Millio, 226 A.D.2d 1071, lv denied 88 N.Y.2d 990; People v. Bernard, 210 A.D.2d 419, lv denied 85 N.Y.2d 906). The court also did not abuse its discretion by its Sandoval ruling. The fact that the prior crime was similar to one of the crimes charged does not preclude its use ( see, People v. Pavao, 59 N.Y.2d 282, 292). The record establishes that the court properly balanced the probative value of that theft-related crime against the potential for undue prejudice ( see, People v. Laraby, 219 A.D.2d 817, lv denied 88 N.Y.2d 849, 937 ; see also, People v. Grey, 259 A.D.2d 246, 250, lv denied 94 N.Y.2d 880).