Majority
p. 578The People of the State of New York, Respondent, v Rogelio Innis, Appellant. [3 NYS3d 583]
Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered May 23, 2013, as amended, July 15, 2013, convicting defendant, after a jury trial, of persistent sexual abuse, and sentencing him, as a predicate felony sex offender previously convicted of a violent felony, to a term of four years, unanimously affirmed.
The prosecution’s summation comments about the absence of medical records provide no basis for reversal. The court thoroughly instructed the jury that a defendant has no burden of proof. The jury is presumed to have followed the court’s instructions.
Concur — Mazzarelli, J.P., DeGrasse, Richter and Feinman, JJ.