Ordered that the judgment and the amended judgment are affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
The defendant's contention that the court's charge on the concept of reasonable doubt shifted the burden of proof is unpreserved for appellate review (see, People v. Lavin, 182 A.D.2d 710) and, in any event, is without merit (see, People v Antommarchi, 80 N.Y.2d 247; People v. Rivera, 174 A.D.2d 530).
In view of our determination under Indictment No. 8466/91, there is no basis for vacatur of the plea under Indictment No. 12221/90 (cf., People v. Clark, 45 N.Y.2d 432). Miller, J.P., Altman, Goldstein and Florio, JJ., concur.