Opinion
Argued September 29, 2000
October 30, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered May 9, 1996, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Elizabeth B. Emmons of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant has not preserved for appellate review his contentions regarding the court's instructions to the jury on the presumption of innocence and burden shifting (see, CPL 470.05; People v. Cahill, 220 A.D.2d 608). In any event, the defendant's argument is without merit. When viewed as a whole, the court's charge was proper (see, People v. Henderson, 259 A.D.2d 495; People v. Custodio, 243 A.D.2d 576; People v. Cahill, supra).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.