Opinion
March 11, 1985
Appeal from the Supreme Court, Kings County (Tomei, J.).
Judgments affirmed.
On appeal, defendant contends that the court's charge misstated and confused the law of alibi. However, defense counsel neither requested an alibi charge nor excepted to the instructions given and has therefore failed to preserve the issue for appellate review ( see, People v. Gonzalez, 97 A.D.2d 423). We have considered defendant's remaining contentions and find them to be either not supported by the record, unpreserved, or without merit. Mollen, P.J., Titone, Lazer and Thompson, JJ., concur.