Opinion
March 17, 1994
Appeal from the Supreme Court, New York County (Dorothy Cropper, J.).
Defendant's contention that he was denied a fair trial by the prosecutor's remarks on summation is largely unpreserved and, in any event, is without merit. Similarly, defendant's challenges to the court's charge are unpreserved since at trial he did not make specific objections, and the claims do not warrant review in the interest of justice. While we have previously noted that it is undesirable to use the phrase "the scales weigh even" in the reasonable doubt charge in a criminal case, even if the charge is formally correct (see, People v. Fox, 72 A.D.2d 146, 147), the two inference instruction does not constitute reversible error where, as here, the charge as a whole conveyed the prosecutor's burden of proving defendant's guilt beyond a reasonable doubt (see, People v. Evans, 192 A.D.2d 337, lv denied 81 N.Y.2d 1072).
Concur — Rosenberger, J.P., Ellerin, Rubin, Nardelli and Williams, JJ.