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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL DUKES, Appellant.

Ordered that the judgment is affirmed.

While there is a potential burden-shifting effect to an admonition, delivered in the presence of the jury, that a defense opening statement be confined to matters that the defense intends to "prove", the court's admonition in this case did not constitute reversible error ( see, People v Fabian, 213 AD2d 298, 298-299; People v Rodriguez, 211 AD2d 443; People v Robinson, 202 AD2d 225, 225-226). Under the circumstances of this case, "there is no realistic view that the court's remarks could be interpreted so as to skew the burden of proof ( People v Concepcion, 228 AD2d 204, 206).

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PEOPLE v. DUKES
(Feb 10, 1997)