Opinion
Submitted January 24, 2000
February 28, 2000
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered September 23, 1998, convicting him of murder in the second degree, robbery in the first degree, grand larceny in the fourth degree, and criminal possession of stolen property in the fourth degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Jay L. Weiner of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Seth M. Lieberman of counsel), for respondent.
WILLIAM C. THOMPSON, J.P., SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the court's charge on reasonable doubt, when read as a whole, did not shift the burden of proof (see, People v. Antommarchi, 80 N.Y.2d 247 ). Further, the trial court properly admitted photographs of the victim's body, in light of the conflicting testimony regarding how the murder occurred (see, People v. Webster, 248 A.D.2d 738, 739 ).