People v. Hardison

*313Judgment, Supreme Court, New York County (Renee White, J.), rendered March 12, 2002, convicting defendant, after a jury trial, of rape in the first degree and sodomy in the first degree, and sentencing him to consecutive terms of 121/2 to 25 years, unanimously affirmed.

In view of the court’s thorough instructions on the People’s burden of proof, there is no reasonable possibility that the jury could have construed the challenged portion of the People’s summation as shifting that burden to the defense (see People v Planca, 225 AD2d 470, 471 [1996], lv denied 88 NY2d 968 [1996]). Furthermore,…