People v. Irby

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Fisher, J.), rendered January 9, 1997, convicting him of criminal sale of a controlled substance in the third degree, upon á jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

*779The defendant contends, inter alia, that certain remarks made by the prosecutor during summation constituted reversible error. He claims that the prosecutor’s references to the defendant’s failure to call a certain undercover police officer as a witness shifted the burden of proof from the prosecution to the defense.…