Judgment affirmed.
Although the use of the phrase "if the scales are even" in charging the jury as to reasonable doubt is strongly disapproved (see People v. Thompson, 97 A.D.2d 554), no exception was taken to the charge and hence no error has been preserved for review. We have considered defendant's other contentions and find them to be without merit. Titone, J.P., Mangano, Weinstein and Brown, JJ., concur.