People v. Hardy

Judgment unanimously affirmed. Memorandum: Defendant maintains on this appeal that the trial court’s instructions to the jury defining reasonable doubt improperly shifted the burden of proof. While it is apparent that the trial court misspoke during its charge to the jury when it used the word "innocence” instead of guilt in explaining the concept of proof beyond a reasonable doubt, the absence of timely objection by the defendant constitutes a failure to preserve this matter for our review as a matter of law (CPL 470.05 [2]; People v Renford, 125 AD2d 967, Iv denied 69 NY2d 885; People v…