People v. Lebron

•— Appeal by defendant from a judgment of the Supreme Court, Kings County (Pizzuto, J.), rendered September 23, 1980, convicting him of attempted robbery in the first degree, attempted assault in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Although the trial court’s charge to the jury as to the issue of alibi was erroneous (see People v Bauer, 83 AD2d 869; People v Carreras, 83 AD2d 590; People v Fludd, 68 AD2d 409), the error was not preserved for appellate review as a matter of law and it was, in *865…