PEOPLE v. WILLIAMS

It was not error for the trial court, especially in view of its limiting restrictions to the jury, to admit background evidence on "buy and bust" operations for the purpose of enabling the jury to understand why drugs and prerecorded buy money are not always recovered from a defendant's person (People v. Applewhite, 202 A.D.2d 250). The prosecutor's references to this testimony during summation were responsive to the defense summation emphasizing the absence of drugs and buy money on defendant at the time of his arrest, and did not shift the burden of proof (People v Atkinson, 179 A.D.2d 563, lv denied 79 N.Y.2d 943).

Concur — Carro, J.P., Rosenberger, Wallach, Kupferman and Tom, JJ.