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PEOPLE v. BILLUPS

307 A.D.2d 323 (2003)

762 N.Y.S.2d 521

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMAL BILLUPS, Appellant.

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

Decided July 21, 2003.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the prosecutor's summation comment regarding the defendant's failure to call his former girlfriend as a witness did not, in light of the defendant's testimony, constitute an impermissible effort to shift the burden of proof (see People v Tankleff, 84 N.Y.2d 992, 994 [1994]; People v Rivera, 292 A.D.2d 549

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