People v. Melendez

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s claim that the trial court erred in not unequivocally conveying to the jury that the People were required to disprove defendant’s alibi defense beyond a reasonable doubt (see People v Victor, 62 NY2d 374 [1984]) is unpreserved.

During the charge conference, defense counsel asked the court to deliver an alibi charge, arguing that the People must disprove *870alibi beyond a reasonable doubt. The court agreed to give the charge, noting that the pattern Criminal Jury Instruction had been amended to…