Opinion
February 24, 1986
Appeal from the County Court, Nassau County (Winick, J.).
Judgment affirmed.
The sole issue raised on this appeal is whether certain enumerated errors contained in the trial court's charge to the jury deprived the defendant of his right to a fair trial. Upon a review of the record, we find that none of these errors, viewed either singly or cumulatively, warrants reversal.
The mere fact that this trial, like most trials, was not without blemishes and failings does not mean that it was unfair (see, People v. Garcia, 72 A.D.2d 356, 360, affd 52 N.Y.2d 716 ). Although the trial court's charge contained some improper instructions and phrases which have been disapproved of by this court on prior occasions, it is evident that the jury, after hearing the entire charge, could gather from its language the correct rules to apply in arriving at its decision (see, People v. Russell, 266 N.Y. 147, 153; People v. Ortiz, 92 A.D.2d 595; People v. Gardner, 59 A.D.2d 913). "[C]onvictions are not to be set aside because, on reflection in tranquility, better charges could have been composed" (People v. Yanik, 43 N.Y.2d 97, 100). In view of the overwhemling evidence of guilt, the judgment of conviction is affirmed. Lazer, J.P., Bracken, Weinstein and Kunzeman, JJ., concur.