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THE PEOPLE, ETC., respondent, v. JAMAL BILLUPS, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the prosecutor's summation comment regarding the defendant's failure to call his former girlfriend as a witness did not, in light of the defendant's testimony, constitute an impermissible effort to shift the burden of proof ( see People v. Tankleff, 84 N.Y.2d 992, 994; People v. Rivera, 292 A.D.2d 549; see also People v. De Jesus, 42 N.Y.2d 519). While the prosecutor improperly implied during her summation that the defendant should have called someone named "Jimmy" as a witness, such error does not warrant reversal under the circumstances of this case ( see People v. Ayers, 214 A.D.2d 459; see also People v. De Jesus, supra).

FLORIO, J.P., FRIEDMANN, TOWNES and MASTRO, JJ., concur.

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PEOPLE v. BILLUPS
(Jul 21, 2003)