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PEOPLE v. BREEN

257 A.D.2d 661 (1999)

684 N.Y.S.2d 575

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOBBY BREEN, Appellant.

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

Decided January 25, 1999.

Ordered that the judgment is affirmed.

The defendant's contention that the prosecutor's comments in summation in effect shifted the burden of proof from the People to him by referring to the "unchallenged" and "uncontroverted" evidence of the defendant's involvement in the crime constituted reversible error is unpreserved for appellate review (see, CPL 470.05 [2]; People v Luperon, 85 N.Y.2d 71, 78; People v Mingey...

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