Opinion
February 27, 1996
Appeal from the Supreme Court, New York County (Daniel FitzGerald, J.).
Defendant's claim that the court's instruction to the jury that they "should try very hard to come to an agreement that would speak the truth as far as the facts in this case are concerned" impermissibly shifted the burden of proof is unpreserved for appellate review as a matter of law (CPL 470.05; see, People v. Hill, 209 A.D.2d 224, lv denied 84 N.Y.2d 1012), and we decline to review it in the interest of justice. Were we to review it, although we disapprove of such language, we would find the claim to be without merit since the charge, as a whole, conveyed the proper standards concerning the People's burden of proving guilt beyond a reasonable doubt ( People v. Huynh, 215 A.D.2d 168).
Concur — Murphy, P.J., Ross, Tom and Mazzarelli, JJ.