People v. Rosario

—Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered December 17, 1998, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The trial court properly exercised its discretion in permitting *143the People to introduce rebuttal evidence since it tended to disprove defendant’s alibi (see, People v Harrington, 262 AD2d 220, lv denied 94 NY2d 823; see also, People v Marsh, 264 AD2d 647, lv denied 94 NY2d 825). While the rebuttal evidence concerned defendant’s whereabouts several months prior to…