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PEOPLE v. ALBERT

221 A.D.2d 989 (1995)

634 N.Y.S.2d 336

The People of the State of New York, Respondent, v. Roy Albert, Appellant

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

November 15, 1995

Judgment unanimously affirmed.

Memorandum:

We reject defendant's contention that Supreme Court erred in refusing to give a Dawson instruction (see, People v Dawson, 50 N.Y.2d 311). Such an instruction is not necessary where, as here, the People did not argue that the alibi testimony of defendant's mother should be rejected because she had delayed in coming forward with an alibi for defendant (cf....

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