Opinion
December 2, 1985
Appeal from the County Court, Suffolk County (Copertino, J.).
Judgment affirmed.
We find no merit to defendant's contentions regarding the admissibility of statements and identification testimony, the People's summation, or the sentence imposed. We would only note that the court's charge on reasonable doubt was not ideal and that use of instructions such as those suggested in 1 CJI 6.20 would be preferable. Taken in its entirety, however, the charge conveyed to the jury the correct burden of proof (see, People v Cruz, 97 A.D.2d 518). Moreover, the evidence of defendant's guilt, including the element of forcible compulsion, was overwhelming. Accordingly, the error, if any, was harmless. O'Connor, J.P., Weinstein, Niehoff and Eiber, JJ., concur.