People v. Jackson (127 A.D.2d 696, 1987)

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered July 20, 1983, convicting him of burglary in the third degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We disagree with the defendant’s contention that the prosecutor’s remarks in summation deprived him of a fair trial. Although the prosecutor’s remarks, which tended to place the burden upon the defendant of coming forward with evidence to explain his actions, were clearly improper (see, People v Mirenda, 23 NY2d 439), the proof of guilt was overwhelming, thereby rendering the prejudice to the defendant harmless beyond a reasonable doubt (see, People v Crimmins, 36 NY2d 230). Moreover, we note that the trial court’s subsequent charge to the jury specifically stated that the burden of proof rested at all times on the prosecution and the defendant was not obliged to prove his innocence. Mollen, P. J., Thompson, Brown and Niehoff, JJ., concur.