Opinion
May 26, 1987
Appeal from the County Court, Nassau County (O'Shaughnessy, J.).
Ordered that the judgment is affirmed, and the case is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).
The court did not err in charging that the defendant was an interested witness (see, People v. Ochs, 3 N.Y.2d 54; People v Stokes, 117 A.D.2d 693, lv denied 67 N.Y.2d 890) or in refusing to charge that the People's witnesses were interested as a matter of law (see, People v. Suarez, 125 A.D.2d 350; People v. Reyes, 118 A.D.2d 666, lv denied 67 N.Y.2d 1056). Nor did the court err in denying the defendant's request that it use "moral certainty" language in its otherwise proper circumstantial evidence charge (see, People v. Ford, 66 N.Y.2d 428, 441; People v. Sanchez, 61 N.Y.2d 1022). Moreover, the sentence imposed was not excessive. Thompson, J.P., Niehoff, Kunzeman and Harwood, JJ., concur.