Opinion
October 6, 1989
Appeal from the Supreme Court, Monroe County, Corning, J.
Present — Boomer, J.P., Green, Pine, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of grand larceny in the fourth degree, arguing that the court's charge with respect to burden of proof constituted reversible error. Although the court erred in referring to proof to a "reasonable degree" and "reasonable certainty" (see, People v La Rosa, 112 A.D.2d 954; People v Morris, 100 A.D.2d 600), when viewed in its entirety, the court's charge adequately conveyed the proper standard (see, People v Canty, 60 N.Y.2d 830, 831-832; People v Gaines, 143 A.D.2d 520, 521, lv denied 73 N.Y.2d 855).
We have examined defendant's remaining arguments on appeal and find them lacking in merit.