People v. Moreno

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered May 7, 2013, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of seven years, unanimously affirmed.

The court correctly determined that testimony offered by defendant constituted alibi testimony, and providently exercised its discretion in precluding it for failure to comply with the notice requirement of CPL 250.20 (1). The People’s theory was that defendant was on a fire escape, entered an apartment through a window, exited back onto…