People v. Smith

Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the prosecutor shifted the burden of proof during his summation. The prosecutor’s comments were a proper response to defense counsel’s summation (see, People v Maisonet, 172 AD2d 274, lv denied 78 NY2d 969; People v Peralta, 172 AD2d 155, lv denied 78 NY2d 925). Any impropriety in the prosecutor’s cross-examination of defendant was not so egregious that it deprived defendant of a fair trial (see, People v Toumbis, 204 AD2d 1026; People v Dawkins, 203 AD2d 957, 958, lv denied 84 NY2d 824).

The trial court properly…