dissents in a memorandum as follows: The defense was misidentification, and this aspect was specifically brought home to the jury in the charge by the court. (Cf., People v Bruno, 77 AD2d 922, 923.)
The defendant was either in his sister’s apartment or else on the stairwell in the same house. He was not some distance away. (See, People v Holt, 67 NY2d 819.)
If error there be in refusing a special alibi charge, harmless error analysis should apply under these circumstances.