Defendant's contention that the court's alibi charge erroneously failed to instruct the jury that it could disbelieve the alibi and still acquit defendant is unpreserved for appellate review as a matter of law, no objection to this aspect of the charge having been made at trial (CPL 470.05 [2]), and we decline to review the issue in the interest of justice. If we were to review, we would find that the charge, viewed as a whole, adequately conveyed the People's burden of proving...
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