Ordered that the judgment is affirmed.
The trial court did not abuse its discretion in precluding testimony by the defendant's alibi witness as no notice of alibi had been served pursuant to CPL 250.20 (1) and the existence of this witness was not disclosed by the defendant until the last day of the trial (see, CPL 250.20 [3]). Although defense counsel stated that he was unaware of an alibi defense until the defendant testified that he was at his uncle's house...
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