Opinion
February 3, 1989
Appeal from the Monroe County Court, Bergin, J.
Present — Callahan, J.P., Denman, Green, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment entered upon a jury verdict convicting defendant of first degree rape and related crimes, defendant argues that the court's charge and the ineffective assistance of his trial counsel deprived him of a fair trial. There is no merit to either claim. Since defendant neither requested an alibi charge nor objected to the court's failure to so charge, he has not preserved the issue for review and reversal is not required in the interest of justice (see, People v Hale, 124 A.D.2d 1025, lv denied 69 N.Y.2d 881). The court did not unfairly marshall the evidence and, although it did improperly refer to the "equally balanced" scales of justice (see, People v Fox, 72 A.D.2d 146, 147), we find from a reading of the entire charge that the court properly instructed the jury on the burden of proof and in all other respects (see, People v Man Lee Lo, 118 A.D.2d 225, 232; People v Cohen, 61 A.D.2d 929). We also conclude that on this record defendant received meaningful representation of counsel (see, People v Baldi, 54 N.Y.2d 137).