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PEOPLE v. MARSHALL

170 A.D.2d 463 (1991)

The People of the State of New York, Respondent, v. Larry Marshall, Also Known as Larry Montgomery, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 4, 1991

Ordered that the judgments are affirmed.

We find no error in the denial by the Supreme Court of the defendant's application to call an alibi witness since 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 after the trial had already commenced (see, CPL 250.20 [3]; People v Corpas, 150 A.D.2d 710, 713; People v Peralta,

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