People v. Mosley

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Although the memorandum of the Appellate Division majority incorrectly states that the jury was "instructed that, if the evidence were evenly balanced, the prosecution had not sustained its burden of proving each element of the crime beyond a reasonable doubt” (112 AD2d, at p 814), the claim that reversal is required because of the absence from the charge of an instruction that every element must be proved beyond a reasonable doubt was not preserved for our review, the objection having been limited to the…