People v. Millio

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of robbery in the first degree, burglary in the first degree, and criminal possession of stolen property in the fifth degree, based upon his theft of money and jewelry during an armed robbery at the home of complainants where they operated a diamond sales business. Because defendant never served a notice of alibi pursuant to CPL 250.20 (1), nor offered any explanation for the failure to disclose the alibi at an earlier time before the last day of trial, County Court did not…