People v. Gaines

In this motion the defendant petitions this court to set aside a notice of alibi served upon him by the People under |CPL 250.20, and requests that he be permitted to present alibi testimony at the trial notwithstanding his failure to provide the prosecution with the names of prospective alibi witnesses. The ground — alleged unconstitutionality of CPL 250.20 by reason of lack of reciprocity — is disputed by the District Attorney, who contends that if there is a defect in the statute, the court has the means of correcting it by reading the requirement of reciprocity into this section. The…