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People v. Millio

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 19, 1996
226 A.D.2d 1071 (N.Y. App. Div. 1996)

Opinion

April 19, 1996

Appeal from the Erie County Court, McCarthy, J.

Present — Denman, P.J., Green, Fallon, Callahan and Doerr, JJ.


Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of robbery in the first degree, burglary in the first degree, and criminal possession of stolen property in the fifth degree, based upon his theft of money and jewelry during an armed robbery at the home of complainants where they operated a diamond sales business. Because defendant never served a notice of alibi pursuant to CPL 250.20 (1), nor offered any explanation for the failure to disclose the alibi at an earlier time before the last day of trial, County Court did not abuse its discretion in precluding defendant's alibi witnesses from testifying ( see, People v. Toro, 198 A.D.2d 532, 533; see also, People v. Martin, 209 A.D.2d 927, lv denied 85 N.Y.2d 911).

We have reviewed the other issues raised by defendant and conclude that they are lacking in merit.


Summaries of

People v. Millio

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 19, 1996
226 A.D.2d 1071 (N.Y. App. Div. 1996)
Case details for

People v. Millio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES MILLIO, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 19, 1996

Citations

226 A.D.2d 1071 (N.Y. App. Div. 1996)
642 N.Y.S.2d 458

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