DECISION ORDER
ORDERED that the judgment is affirmed, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings pursuant to CPL 460.50(5).
Contrary to the defendant's contention, the reasonable doubt charge was proper (see, People v. Messiah, 247 A.D.2d 490 ).
The defendant's remaining contentions are without merit.
SANTUCCI, J.P., JOY, FLORIO, and LUCIANO, JJ., concur.