PEOPLE v. FONSECA

Defendant's challenges to the court's charge on reasonable doubt are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that although the preferred phrasing was not always employed by the court, the charge, when read as a whole, conveyed the appropriate standards ( see, People v. Cubino, 88 N.Y.2d 998).

Concur — Ellerin, P. J., Mazzarelli, Rubin, Andrias and Buckley, JJ.