Opinion
May 5, 1997
Appeal from the Supreme Court, Kings County (Mastro, J.).
Ordered that the judgment is affirmed.
The defendant's contention regarding an allegedly improper statement made by the prosecutor is unpreserved for appellate review ( see, CPL 470.05; People v. Williams, 46 N.Y.2d 1070). In any event, contrary to the defendant's contention, the isolated comment did not shift the People's burden of proving the defendant's guilt beyond a reasonable doubt ( see, People v Lilly, 139 A.D.2d 671).
There is no merit to the defendant's contention that the knife recovered from the crime scene should not have been admitted into evidence, since the prosecution established a proper foundation for its admission ( see, People v. Julian, 41 N.Y.2d 340; People v. Mirenda, 23 N.Y.2d 439).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
Miller, J.P., Copertino, Krausman and Florio, JJ., concur.