People v. Janes

—Judgment unanimously affirmed. Memorandum: Defendant did not object to the omission of an alibi charge and thus failed to preserve that issue for our review (see, CPL 470.05 [2]; People v Whalen, 59 NY2d 273, 279-280; People v Rivera, 256 AD2d 1098; People v Hale, 124 AD2d 1025, lv denied 69 NY2d 881). Also unpreserved for our review is the contention of defendant that there was an insufficient evidentiary foundation for the tape recording (see, CPL 470.05 [2]). In any event, that contention is without merit (see, People v Ely, 68 NY2d 520, 527; People v McGee, 49 NY2d 48, 59, cert denied…