Opinion
July 13, 1990
Appeal from the Supreme Court, Erie County, Kubiniec, J.
Present — Callahan, J.P., Denman, Green, Pine and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's contentions that the court erred in its charge on reasonable doubt and on assessing the credibility of a police officer witness were not preserved for review and do not require reversal in the interest of justice. Although the court inappropriately referred to "equally balanced scales" in discussing reasonable doubt, the court's charge, when viewed as a whole, conveyed the proper legal standards (see, People v. Hartle, 151 A.D.2d 1003, lv denied 74 N.Y.2d 810; People v. Cooper, 147 A.D.2d 926, 927, lv denied 74 N.Y.2d 738). On this record, defendant's sentence is not excessive.