Ordered that the judgment is affirmed.
The charge, when read as a whole, conveyed to the jury the People's burden of proving beyond a reasonable doubt each and every element of the crimes charged (see, CPL 300.10; People v. Dengler, 109 A.D.2d 847). The inclusion of the language "reasonable probability" in describing an attempt did not confuse the jurors or dilute the People's burden of proof (see, People v. Rizzo, 246 N.Y. 334, 337; People v. Williams, 124 A.D.2d 615, 616).
Furthermore, we find that the sentence was neither harsh nor excessive. Mangano, P.J., Eiber, O'Brien and Ritter, JJ., concur.