Ordered that the judgment is affirmed.
The defendant's challenge to the trial court's refusal to charge criminally negligent homicide (see, Penal Law § 125.10) as a lesser-included offense of murder in the second degree (see, Penal Law § 125.25) is foreclosed due to the jury's verdict finding him guilty of murder in the second degree, the crime alleged in the indictment, and its implicit rejection of the charged lesser-included offenses of first and second degree manslaughter (see, People v Richette, 33 N.Y.2d 42; People v Cruz, 191 A.D.2d 507; People v Rammelkamp, 167 A.D.2d 560).
The defendant's contention that the prosecutor's summation improperly tended to shift the burden of proof to the defense is not preserved for appellate review (see, CPL 470.05; People v Balls, 69 N.Y.2d 641). In any event, the remarks did not improperly shift the burden of proof (see, People v Thomas, 186 A.D.2d 602).
Finally, the defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Balletta, J.P., Miller, O'Brien and Copertino, JJ., concur.