PEOPLE v. BASTIDAS

Judgment affirmed.

Defendant's argument that Penal Law § 40.00 improperly places upon him the burden of proving the affirmative defense of duress is without merit ( People v Bevilacqua, 56 A.D.2d 605, revd on other grounds 45 N.Y.2d 508; see, People v Patterson, 39 N.Y.2d 288, affd 432 U.S. 197).

We have considered defendant's other contentions and find them to be without merit. Titone, J.P., O'Connor, Lawrence and Eiber, JJ., concur.