Opinion
April 15, 1991
Appeal from the Supreme Court, Kings County (Douglass, J.).
Ordered that the judgment is affirmed.
By failing to object to the trial court's marshaling of the evidence in its charge to the jury, the defendant failed to preserve for appellate review the issue of whether that marshaling was done in an unfair or unbalanced manner (see, People v. McDonald, 144 A.D.2d 701; People v. McCright, 107 A.D.2d 766). In any event, reversal is unwarranted, as, under the circumstances of this case, any deficiency did not deny the defendant a fair trial (see, People v. Saunders, 64 N.Y.2d 665; see also, People v. Gray, 144 A.D.2d 483; People v. McDonald, supra; People v. McCright, supra; People v. Little, 98 A.D.2d 752, affd 62 N.Y.2d 1020). Thompson, J.P., Brown, Miller and O'Brien, JJ., concur.