PEOPLE v. BATCHILLY


33 A.D.3d 360 (2006)

821 N.Y.S.2d 597

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SULAYMAN BATCHILLY, Appellant.

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

Decided October 5, 2006.


The court properly exercised its discretion in precluding proposed alibi testimony for failure to comply with the notice requirement of CPL 250.20 (1) where, late in the trial, defense counsel first requested permission to file an alibi notice. The record supports the court's express findings that the alibi was a recent fabrication and that the failure to provide timely notice was the product of willful conduct by defendant, personally, that was motivated by his desire to...

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