People v. Cobenais

Judgment unanimously af*32firmed. Memorandum: The jury found defendant guilty of burglary in the first degree (Penal Law § 140.30 [2]). At trial, defendant called four witnesses in an attempt to establish an alibi. Defense counsel failed, however, to request an alibi charge, and none was given. No exception was taken to the court’s charge, which was otherwise proper in all respects. Had the alibi charge been timely requested and refused, a reversal would be required (see, People v Victor, 62 NY2d 374; CPL 470.05 [2]). The issue was not preserved for our review, however (People v Karabinas, 63…