Legal Opinion

People v. Henry

Appellate Division of the Supreme Court of the State of New York

Decided October 1, 1993Published

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court committed reversible error in failing to give an alibi charge. That issue, however, has not been preserved for our review because defendant neither requested an alibi charge nor objected to the court’s failure to give that charge (see, People v Perez, 184 AD2d 665, 666, lv denied 80 NY2d 932; People v Washington, 176 AD2d 769, 770, lv denied 79 NY2d 833; People v Howell, 174 AD2d 356, lv denied 78 NY2d 1012), and we decline to exercise our discretionary review powers (see, CPL 470.15 [6] [a]).

Further, we…

2Cases cited7 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. RiveraNew York Court of Appeals · 1988
  3. People v. PlantAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. PriceAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. HowellAppellate Division of the Supreme Court of the State of New York · 1991

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