Opinion
May 6, 1991
Appeal from the Supreme Court, Kings County (Quinones, J.).
Ordered that the judgment is affirmed.
The defendant contends that the court's isolated query "Who speaks the truth? This is a question for you to decide", delivered at the end of its charge impermissibly shifted the burden of proof to him. The defense counsel took no exception to the charge as given and, thus, this claim of error is not preserved for appellate review (see, CPL 470.05; People v Contes, 60 N.Y.2d 620, 621; People v Cadorette, 56 N.Y.2d 1007, 1009). In any event, the court's charge viewed in its entirety adequately explained the concepts of reasonable doubt and the People's burden of proof and made it clear that the defendant bore no burden of proof (see, People v Coleman, 70 N.Y.2d 817, 819; People v Green, 154 A.D.2d 616; People v Burns, 133 A.D.2d 642; see also, People v Flecha, 161 A.D.2d 116). Thus, the court's isolated remarks did not shift the burden of proof to the defendant. The jury hearing the whole charge was properly instructed as to the correct principles to be applied in reaching its verdict (see, People v Canty, 60 N.Y.2d 830).
Equally without merit is the defendant's contention that his sentence is excessive (see, People v Suitte, 90 A.D.2d 80). In view of the crime for which the defendant stands convicted, the defendant's circumstances and the purpose of penal sanctions, the sentence imposed was entirely proper. Thompson, J.P., Bracken, Brown and Eiber, JJ., concur.