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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT BURNEY, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that the court's jury charge erroneously diluted the reasonable doubt standard is unpreserved for appellate review (see, CPL 470.05; People v Fehr, 75 N.Y.2d 836), and, in any event, without merit (see, People v Antommarchi, 80 N.Y.2d 247; People v Baucom, 154 A.D.2d 688).

We have examined the defendant's remaining contention and find it to be devoid of merit (see, People v Suitte, 90 A.D.2d 80). Balletta, J.P., Eiber, Ritter and Santucci, JJ., concur.

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PEOPLE v. BURNEY
(Apr 5, 1993)