People v. Murphy

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McCann, J.), rendered February 22, 2006, as amended February 24, 2006, convicting him of burglary in the second degree, criminal mischief in the fourth degree, possession of burglar’s tools, and unlawful possession of noxious material, upon a jury verdict, and imposing sentence.

Ordered that the judgment, as amended, is affirmed.

The defendant contends that he was denied his right to a fair trial because the People attempted to impermissibly shift the burden of proof (see generally People v Ramsey, 48 AD3d 709 [2008];…