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PEOPLE v. BURKS

221 A.D.2d 201 (1995)

633 N.Y.S.2d 173

The People of the State of New York, Respondent, v. Natungo Burks, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 14, 1995

Defendant's claim that the trial court's directions to restrict defense counsel's opening statement to "what you intend to prove by way of evidence in the case" impermissibly shifted the burden of proof is unpreserved for appellate review (CPL 470.05 [2]), and we decline to review it in the interest of justice. Were we to review it, we would find that the court's instructions were substantively correct and did not imply that the...

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