Opinion
May 18, 1998
Appeal from the Supreme Court, Queens County (Fisher, J.).
Ordered that the judgment is affirmed.
The defendant contends, inter alia, that certain remarks made by the prosecutor during summation constituted reversible error. He claims that the prosecutor's references to the defendant's failure to call a certain undercover police officer as a witness shifted the burden of proof from the prosecution to the defense. While the prosecutor's comments were improper ( see, People v. DeJesus, 137 A.D.2d 761), the court sustained the defense objections, provided a prompt curative instruction to the jury, and granted the defense application for a missing witness charge. Under the circumstances, there was no reasonable possibility that the prosecutor's comments affected the verdict ( see, People v. Brown, 208 A.D.2d 414; People v. Davis, 128 A.D.2d 800; see also, People v. Crimmins, 36 N.Y.2d 230).
The defendant's remaining contentions are without merit.
Rosenblatt, J.P., Miller, Thompson and Santucci, JJ., concur.