Opinion
November 17, 1986
Appeal from the Supreme Court, Queens County (O'Dwyer, J.).
Ordered that the judgment is affirmed.
On appeal, the defendant claims that the court's alibi charge was erroneous in certain respects. However, the defendant failed to object to the alibi charge and therefore failed to preserve the issue for appellate review. Further, in view of the overwhelming evidence of the defendant's guilt and the fact that the trial court's charge, as a whole, properly instructed the jury that the prosecution bore the burden of proof, there is no basis for reversing the conviction in the interest of justice (see, People v Canty, 60 N.Y.2d 830; People v Colon, 122 A.D.2d 151; People v Payne, 111 A.D.2d 938).
We have considered the defendant's remaining claims and find that they are either unpreserved for appellate review or without merit. Mangano, J.P., Niehoff, Kooper and Spatt, JJ., concur.