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THE PEOPLE, etc., respondent, v. JAMES HARRELL, appellant. (Ind. No. 2991/97)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant contends that the prosecutor's conduct on summation was improper in that she appealed to the sympathy of the jury, made inflammatory remarks, and attempted to shift the burden of proof. Although some portions of the prosecutor's summation may have been improper, given the overwhelming proof of guilt, any error was harmless (see, People v. Brosnan, 32 N.Y.2d 254, 262; People v. Nazario, 168 A.D.2d 643).

JOY, J.P., S. MILLER, FRIEDMANN, and FLORIO, JJ., concur.

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PEOPLE v. HARRELL
(Mar 17, 2000)