PEOPLE v. BILLUPS

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.