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PEOPLE v. CLARKE

272 A.D.2d 78 (2000)

707 N.Y.S.2d 322

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID CLARKE, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 4, 2000.

Defendant's challenge to the court's charge requires preservation (see, People v Thomas, 50 N.Y.2d 467) and we decline to review this unpreserved claim in the interest of justice. Were we to review this claim, we would find that the charge did not impose an affirmative obligation on any juror to articulate to the other jurors the basis for reasonable doubt or shift the burden of proof.

We perceive no abuse of sentencing...

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