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PEOPLE v. MELENDEZ

16 N.Y.3d 869 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO MELENDEZ, Appellant.

Court of Appeals of New York.

Decided May 3, 2011.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City ( Lisa A. Packard and Richard M. Greenberg of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Rafael Curbelo , Jennifer Marinaccio and Joseph N. Ferdenzi of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's claim that the trial court erred in not unequivocally conveying to the jury that the People were required to disprove defendant's alibi defense beyond a reasonable doubt (see People v Victor, 62 N.Y.2d 374 [1984]) is unpreserved.

During the charge conference, defense counsel asked the court to deliver...

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