MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him after a jury trial of criminal trespass in the second degree (Penal Law § 140.15), criminal mischief in the fourth degree (§ 145.00), burglary in the second degree (§ 140.25 [2]), and petit larceny (§ 155.25). Contrary to the contention of defendant, County Court did not err in denying his request for a justification charge (§ 35.05 [2]). "The evidence at trial, viewed in the light most favorable to defendant, does not support his proffered defense of justification" ( People v. Brown, 152 A.D.2d 950, 950, lv denied 74 N.Y.2d 894; see People v. Isaac, 224 A.D.2d 993, 994, lv denied 88 N.Y.2d 937). Contrary to the further contention of defendant, we conclude that, although the remarks of the prosecutor during her opening statement and summation were improper, they did not deprive defendant of a fair trial ( see People v. Bogue, 234 A.D.2d 946, 947, lv denied 92 N.Y.2d 848; see also People v. Valdez, 262 A.D.2d 338, 339, lv denied 93 N.Y.2d 1028). Finally, the sentence is not unduly harsh or severe.