Opinion
November 13, 1984
Appeal from the Supreme Court, Queens County (Rotker, J.).
Judgment affirmed.
The complainant's testimony was properly received into evidence (see People v Morales, 37 N.Y.2d 262; People v Alex, 260 N.Y. 425). Although a police officer's testimony constituted improper bolstering of the complainant's statements, there is no significant probability that the jury would have acquitted defendant in the absence of this testimony (see People v Johnson, 57 N.Y.2d 969).
We also note that although the use of the phrase "if your minds are waivering [ sic] or the scales are even" in charging the jury as to reasonable doubt is strongly disapproved, the charge, in its entirety, conveyed the appropriate standard of proof (see People v Webb, 97 A.D.2d 779; People v Thompson, 97 A.D.2d 554). Therefore, reversal on this ground in the interest of justice is not required.
We find that the sentence imposed was an appropriate exercise of the court's discretion. Mangano, J.P., Gibbons, O'Connor and Lawrence, JJ., concur.