Opinion
October 1, 1993
Appeal from the Livingston County Court, Houston, J.
Present — Callahan, J.P., Green, Fallon, Boomer and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court committed reversible error in failing to give an alibi charge. That issue, however, has not been preserved for our review because defendant neither requested an alibi charge nor objected to the court's failure to give that charge (see, People v. Perez, 184 A.D.2d 665, 666, lv denied 80 N.Y.2d 932; People v. Washington, 176 A.D.2d 769, 770, lv denied 79 N.Y.2d 833; People v. Howell, 174 A.D.2d 356, lv denied 78 N.Y.2d 1012), and we decline to exercise our discretionary review powers (see, CPL 470.15 [a]).
Further, we conclude that the evidence, the law, and the circumstances of this case, viewed in totality, disclose that defendant was provided meaningful representation (see, People v Baldi, 54 N.Y.2d 137, 146-147; People v. Rivera, 71 N.Y.2d 705).
Defendant failed to preserve for our review his contention that he was deprived of a fair trial by prosecutorial misconduct because no objection was raised to the alleged improprieties (see, People v. Price, 144 A.D.2d 1013, lv denied 73 N.Y.2d 895). In any event, the alleged instances of prosecutorial misconduct were not so flagrant that defendant was deprived of a fair trial (see, People v. Plant, 138 A.D.2d 968, lv denied 71 N.Y.2d 1031). A review of the record satisfies us that reversal is not warranted.