The court correctly determined that testimony offered by defendant constituted alibi testimony, and providently exercised its discretion in precluding it for failure to comply with the notice requirement of CPL 250.20 (1). The People's theory was that defendant was on a fire escape, entered an apartment through a window, exited back onto the fire escape, and ran out of an alleyway down the street. Defendant's proposed witness would testify that defendant was never on the...
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