Yes. Under New York’s Penal Law § 25.00(1), New York permits the use the alibi defense when the Accused has evidence showing he was elsewhere when the alleged offense took place. When considering an alibi as a possible defense, the Criminal Defense Attorney for the accused must take certain actions at the required time as mandated under New York Penal Law 25.00
Under New York Criminal Procedure Law § 250.20, Criminal Defense Lawyers must provide the prosecution with the notice eight days after the prosecution delivers the demand notice to the accused and his or her Criminal Attorney. Generally, at arraignment, the prosecution will serve the accused’s Criminal Lawyer the demand which triggers the requirement the alibi notice be delivered to the prosecution within 8 days.
If, on the other hand, the prosecution has not filed a demand for notice of alibi, the Criminal Defense Lawyer need not respond with a notice of alibi.