Opinion
March 18, 1996
Appeal from the Supreme Court, Queens County (Dunlop, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the People failed to disprove his albi defense beyond a reasonable doubt is not preserved for appellate review (see, CPL 470.05; People v Udzinski, 146 A.D.2d 245). In any event, the defendant's contention is without merit. Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15). The jury was not bound to accept the testimony of the defendant's alibi witnesses (see, People v Vasquez, 160 A.D.2d 969, 970).
We have examined the defendant's remaining contentions and find them to be without merit. Miller, J.P., Hart, Friedmann and Florio, JJ., concur.