Opinion
October 26, 1987
Appeal from the Supreme Court, Kings County (Quinones, J.).
Ordered that the judgment is modified, on the law, by reducing the sentences imposed on the convictions of criminal possession of a weapon in the fourth degree and criminal mischief in the fourth degree to concurrent terms of imprisonment of six months; as so modified, the judgment is affirmed.
The defendant's claim that the prosecutor's summation was unduly prejudicial and that the charge improperly shifted the burden of proof to him are not preserved for appellate review (see, CPL 470.05; People v. Nuccie, 57 N.Y.2d 818; People v Cadorette, 56 N.Y.2d 1007; People v. Gonzalez, 102 A.D.2d 895). In any event, the defendant's contentions are without merit. The People's summation constituted fair comment and a proper response to the defense summation, and the jury charge as a whole was proper (see, People v. Baldo, 107 A.D.2d 751; People v. Reeves, 57 A.D.2d 1015, affd 44 N.Y.2d 761).
As the People concede in their brief, the sentences of concurrent terms of imprisonment of one year imposed upon the defendant on his convictions of criminal possession of a weapon in the fourth degree and criminal mischief in the fourth degree were erroneous and have been modified to conform to the applicable statute (see, Penal Law § 70.15 [a]-[e]). Lawrence, J.P., Weinstein, Kooper and Sullivan, JJ., concur.