Opinion
October 10, 1995
Appeal from the Supreme Court, New York County (Nicholas Figueroa, J.).
Defendant's claim that the court shifted the burden of proof by instructing the jury during voir dire and opening and final instructions, inter alia, to be "ministers of truth" and that their verdict should "speak the truth", is unpreserved for appellate review as a matter of law for failure to object ( People v Huynh, 215 A.D.2d 168, 169), and we decline to review it in the interest of justice. If we were to review it, we would find that the challenged statements were not improper, the entirety of the jury charge having adequately conveyed the People's burden to prove defendant's guilt beyond a reasonable doubt. ( Supra; People v. Rawls, 187 A.D.2d 353, lv denied 81 N.Y.2d 845; People v. Pena, 196 A.D.2d 753, lv denied 82 N.Y.2d 900.)
Concur — Sullivan, J.P., Kupferman, Nardelli and Williams, JJ.