Opinion
February 6, 1992
Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, J.).
Viewing the evidence in the light most favorable to the People (People v. Contes, 60 N.Y.2d 620), defendant's guilt of conspiracy in the second degree was proven beyond a reasonable doubt. The People were not required to prove the existence of an illicit agreement between defendant and every other codefendant charged in the indictment (People v. Treuber, 64 N.Y.2d 817, 818).
Defendant's claims regarding the court's charge are unpreserved, since he never objected thereto at trial (CPL 470.05). Were we to reach these claims in the interest of justice, we would find no error in the court's charge, which correctly apprised the jury of the proper standard of proof (People v Cruz, 172 A.D.2d 383, lv denied 78 N.Y.2d 964). Moreover, the hypothetical illustration used by the trial court could not have misled or prejudiced the jury (People v. Fagan, 166 A.D.2d 290, lv denied 77 N.Y.2d 838).
Defendant's sentence does not reflect that the court penalized him for going to trial, nor is it excessive.
Concur — Carro, J.P., Milonas, Rosenberger and Asch, JJ.