Opinion
September 24, 1998
Appeal from the Supreme Court, New York County (Antonio Brandveen, J.).
Defendant's motion to suppress property was properly denied. Since defendant made no application to reopen the Mapp hearing during trial, the court was under no obligation to reopen the hearing sua sponte ( see, CPL 710.40). Defendant's allusions during trial to conflicts between hearing and trial testimony did not constitute a request for a reopened hearing. In any event, even in light of the purported conflicts in testimony revealed during trial, there was probable cause to search defendant.
The prosecutor's statements made during summation did not shift the burden of proof to defendant, and were based on the evidence and responsive to defense counsel's summation ( see People v. Galloway, 54 N.Y.2d 396; People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976).
Concur — Lerner, P. J., Milonas, Wallach and Rubin, JJ.