Opinion
December 28, 1998
Appeal from the Supreme Court, Kings County (Aiello, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions on appeal, the trial court neither shifted the burden of proof during his attorney's opening statement nor improperly curtailed his attorney's presentation ( see, People v. Pena, 242 A.D.2d 546; People v. Dukes, 236 A.D.2d 484; People v. Concepcion, 228 A.D.2d 204).
The defendant's remaining contention is unpreserved for appellate review ( see, CPL 470.05; People v. Balls, 69 N.Y.2d 641).
Bracken, J. P., Ritter, Copertino and Florio, JJ., concur.