Opinion
February 9, 1987
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is affirmed.
We disagree with the defendant's contention that the prosecutor's remarks in summation deprived him of a fair trial. Although the prosecutor's remarks, which tended to place the burden upon the defendant of coming forward with evidence to explain his actions, were clearly improper (see, People v Mirenda, 23 N.Y.2d 439), the proof of guilt was overwhelming, thereby rendering the prejudice to the defendant harmless beyond a reasonable doubt (see, People v. Crimmins, 36 N.Y.2d 230). Moreover, we note that the trial court's subsequent charge to the jury specifically stated that the burden of proof rested at all times on the prosecution and the defendant was not obliged to prove his innocence. Mollen, P.J., Thompson, Brown and Niehoff, JJ., concur.