Opinion
June 24, 1985
Appeal from the Supreme Court, Queens County (Dunkin, J.).
Judgment affirmed.
Contrary to defendant's pro se contention, we find that his guilt was proven beyond a reasonable doubt.
The alleged instances of prosecutorial misconduct, most of which have not been preserved for appellate review, did not serve to deprive defendant of a fair trial. While some of the prosecutor's remarks during summation might otherwise have exceeded the bounds of permissible rhetorical comment, they were not unreasonable in light of those made by defense counsel during his summation ( see, People v. Blackman, 88 A.D.2d 620).
Defendant's pro se contention that the trial court's alibi charge was "deficient" and "impermissibly shifted the burden of proof onto [his] shoulders" has not been preserved for our review as a matter of law. In any event, while the alibi charge was not exemplary ( cf. 1 CJI [NY] 12.10, pp 696-697), the charge as a whole adequately apprised the jury of the relevant concepts to be applied ( see, People v. Canty, 60 N.Y.2d 830).
We have considered the remaining contentions raised on appeal and find them to be either unpreserved (CPL 470.05) or lacking in merit. Thompson, J.P., Bracken and Niehoff, JJ., concur.
I have considered the contentions raised by and on behalf of defendant and find them to be either unpreserved or lacking in merit. Defendant received a fair trial.