Defendant's contention that the court marshalled the evidence in an uneven manner, so as to deprive him of a fair trial, is meritless. Although the court engaged in some limited discussion of the evidence, it did so to explain the application of the law to the facts, and was not required to refer to all the evidence or explain all the inconsistencies therein. (People v Thomas, 166 A.D.2d 624.) The court's charge conveyed to the jurors the appropriate standard by which they were to judge whether defendant's guilt had been proven (see, People v Joyce, 157 A.D.2d 747, lv denied 76 N.Y.2d 737). Moreover, the court instructed the jurors that they should disregard any portion of the court's summary of the evidence which conflicted with their own recollection, inasmuch as their recollection was controlling. (People v [Raymond] Williams, 156 A.D.2d 608, lv denied 75 N.Y.2d 926. )
Concur — Sullivan, J.P., Rosenberger, Wallach, Kupferman and Smith, JJ., concur.