People v. Smith

Judgment unanimously affirmed. Memorandum: Although it was inappropriate for County Court to use the phrase "reasonable degree of certainty” in explaining to the jury the concept of proof beyond a reasonable doubt (see, People v Hewlett, 133 AD2d 417), the absence of any objection by defendant constitutes a failure to preserve that issue for our review (see, CPL 470.05 [2]). Further, reviewing the charge in its entirety, we find that it properly conveyed to the jury the correct rule to apply in arriving at its verdict (see, People v Canty, 60 NY2d 830, 832; People v Jimenez, 147 AD2d 905, lv…