PEOPLE v. ANTOMMARCHI

Neither reference as a "reasonable person" (see, People v Flecha, 161 A.D.2d 116, lv denied 76 N.Y.2d 856) nor the instruction that a reasonable doubt is "a doubt for which a juror can give a reason if he or she is called upon to do so in the jury room", was reversible error. (See, People v. Jackson, 155 A.D.2d 329, affd 76 N.Y.2d 908.) Defendant's claim that the Allen charge was unbalanced because it unfairly singled out those jurors who were then holding a doubt as to guilt, is unpreserved.

We have considered defendant's remaining contentions and find them to be without merit.

Concur — Sullivan, J.P., Rosenberger, Ellerin, Ross and Smith, JJ.