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PEOPLE v. HARRELL

270 A.D.2d 358 (2000)

704 N.Y.S.2d 869

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES HARRELL, Appellant.

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

Decided March 13, 2000.

Ordered that the judgment is affirmed.

The defendant contends that the prosecutor's conduct on summation was improper in that she appealed to the sympathy of the jury, made inflammatory remarks, and attempted to shift the burden of proof. Although some portions of the prosecutor's summation may have been improper, given the overwhelming proof of guilt, any error was harmless (see, People v Brosnan, 32 N.Y.2d 254, 262;

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