Previously, this court ordered that the appeal be held in abeyance and remanded for a Huntley hearing. (People v Stewart, 74 A.D.2d 516.) A hearing was held before Justice Dennis Edwards, Jr. resulting in a finding that defendant had been fully advised of his Miranda rights and that his waiver of those rights was voluntary, knowing and intelligent.
A review of the record supports the hearing court's determination that defendant's postarrest statements were admissible at trial. (See, People v Morton, 116 A.D.2d 925, 926, lv denied 67 N.Y.2d 887.) Defendant's claim that he did not expressly waive his right to counsel and to remain silent is not preserved for appellate review (People v Allen, 147 A.D.2d 968), and a review in the interests of justice is unwarranted as no express waiver of such rights is required. (People v Davis, 55 N.Y.2d 731, 733.)
We find no merit to defendant's claim that that court's reasonable doubt charge deprived him of a fair trial. In view of the fact that the proper standard of proof was conveyed to the jury in various portions of the court's charge, a reversal of defendant's conviction is not warranted. (People v Jones, 148 A.D.2d 547, 549; People v Cavallerio, 71 A.D.2d 338.)
Defendant renews the claim of prosecutorial misconduct on summation, initially raised in his principal brief on appeal. These claims have already been decided on the merits and no new ground has been raised to warrant reconsideration. (See, Matter of Dondi v Jones, 40 N.Y.2d 8, 15.)
The remaining claim of the defendant is not preserved for appellate review. Were we to consider it, we would nonetheless affirm, finding it to be without merit.
Concur — Kupferman, J.P., Milonas, Kassal, Wallach and Rubin, JJ.