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The People of the State of New York v. Milton Silvels, Jr.
The defendant’s challenges to the jury instructions are unpreserved for appellate review (see, CPL 470.05 [2]; People v Jones, 55 NY2d 771, 773; People v Wynn, 200 AD2d 645, 646). In any event, the charge as a whole properly instructed the
[528] jury regarding the burden of proof and the concept of reasonable doubt (see, People v Benjamin, 210 AD2d 418, 419).
Moreover, the sentence was not excessive (see, People v Suitte, 90 AD2d 80). Mangano, P. J., Rosenblatt, Ritter and Copertino, JJ., concur.