People v Samuel C. White

People v White 2006 NY Slip Op 04450 [17 AD3d 1174] Decided on June 6, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 6, 2006
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
STEPHEN G. CRANE, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
2004-06280 DECISION & ORDER

[*1]The People, etc., respondent,

v

Samuel C. White, appellant. (Ind. No. 6867/03)




Lynn W. L. Fahey, New York, N.Y. (Bertrand J. Kahn of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Solomon Neubort, Jacob
F.M. Oslick, and Timothy D. Syrett
of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered July 1, 2004, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court's comments during his attorney's opening statement did not shift the burden of proof (see People v Clanton, 19 AD3d 177, 178; People v Orr, 267 AD2d 177; People v Abreu, 256 AD2d 585; People v Pena, 242 AD2d 546, 547; People v Dukes, 236 AD2d 484; People v Concepcion, 228 AD2d 204, 206).

The defendant's remaining contentions are without merit.
CRANE, J.P., RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court