People v. Contreras

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered November 1, 1991, convicting him *686of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Although the prosecutor improperly argued in summation that the defendant failed to "explain” the evidence adduced by the People, the trial court averted any potential prejudice by promptly instructing the jury that the burden of proof remained on the People (see, People v Berg, 59 NY2d 294, 299-300). We also find that the…