People v. Martinez

—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered April 7, 1992, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and sentencing him, as a second felony offender, to an indeterminate term of from six to twelve years imprisonment, unanimously affirmed.

There is no merit to defendant’s contention, raised for the first time on appeal, that the trial court impermissibly shifted the burden of proof from the prosecution when, upon objection by the prosecutor to defense counsel’s statement that "the police, as you will…