Judgment affirmed.
No objection was registered with respect to the portions of the court's charge of which defendant now complains and, therefore, he has failed to preserve the issues for appellate review ( People v. Gonzales, 56 N.Y.2d 1001). In any event, although the trial court improperly referred to "wavered" minds in instructing the jury with respect to reasonable doubt, examination of the charge as a whole discloses that the court conveyed the correct rule of law to the jury ( People v. Stevenson, 104 A.D.2d 835, 836). Moreover, the court did not prejudicially or unduly prolong its charge with respect to defendant's right to remain silent at trial. Finally, since the People's case was not based solely on circumstantial evidence, no special instruction with respect thereto was required ( People v. Ruiz, 52 N.Y.2d 929, 930). Lazer, J.P., Gibbons, O'Connor and Brown, JJ., concur.