People v. Berger

—Judgment unanimously affirmed. Memorandum: We reject the contention that defendant was denied a fair trial by the jury charge. Supreme Court properly marshalled the evidence (see, People v Saunders, 64 NY2d 665, 667). The court’s instruction on reasonable doubt was proper in all respects (see, People v Cubino, 88 NY2d 998). The portions of the charge relating to the credibility of witnesses, the corroboration of accomplice testimony, the meaning of the indictment and the destruction of certain evidence by the police were also proper.

Defendant also contends that certain evidentiary rulings…