| People v Grant |
| 2008 NY Slip Op 07007 [54 AD3d 872] |
| September 16, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JasonGrant, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Amy Appelbaum, andA. Brendan Stewart of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chun, J.),rendered October 16, 2006, convicting him of burglary in the first degree, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
With one exception, the defendant's claims of prosecutorial misconduct are unpreserved forappellate review (see CPL 470.05 [2]). With respect to the only preserved issue, the courtclearly instructed the jury that the burden of proof remained with the People and did not shift tothe defendant (see People v Farino,21 AD3d 427 [2005]). In any event, as to the unpreserved issues, the challenged remarkseither were a fair response to the defendant's summation (see People v Galloway, 54NY2d 396 [1981]), or constituted harmless error (see People v Crimmins, 36 NY2d 230,242 [1975]; People v Adam, 50AD3d 1153 [2008], lv denied 10 NY3d 931 [2008]). Rivera, J.P., Lifson, Santucciand Miller, JJ., concur.