Opinion
October 1, 1992
Appeal from the Supreme Court, New York County, Haft, J.
During the charge to the jury, the trial court stated that "if there are two inferences of equal weight which could reasonably be drawn from the same evidence, one of those inferences consistent with guilt, you must give the defendant the inference consistent with the lack of guilt." The defendant argues that this charge denied him of a fair trial because it implied to the jury the wrong standard of proof. However, since the defendant failed to raise any specific objection at trial, the issue is unpreserved for appellate review (People v Dekle, 56 N.Y.2d 835).
If we were to consider the defendant's argument in the interest of justice, we would nonetheless affirm. After giving the challenged "two-inference charge", the trial court repeatedly recited the proper standard of guilt. Accordingly, the charge as a whole conveyed the proper standard of guilt (People v Cruz, 172 A.D.2d 383, lv denied 78 N.Y.2d 964; People v Lewis, 161 A.D.2d 117, lv denied 76 N.Y.2d 791).
Concur — Sullivan, J.P., Carro, Asch and Rubin, JJ.