PEOPLE v. RODRIGUEZ

Defendants challenge to the courts reasonable doubt instruction is unpreserved for appellate review as a matter of law, and we decline to review it in the interest of justice. Were we to review it, we would find that although "[t]he preferred phrasing to convey the concept and degree of reasonable doubt is illustrated in the Pattern Criminal Jury Instructions", ( People v. Cubino, 88 N.Y.2d 998, 1000), the charge, as a whole, conveyed the proper standard concerning the Peoples burden of proving defendants guilt beyond a reasonable doubt ( supra, at 1000).

We perceive no abuse of sentencing discretion.

Concur — Milonas, J.P., Rosenberger, Nardelli, Wallach and Rubin, JJ.