It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him of, inter alia, burglary in the third degree (Penal Law § 140.20) arising out of the burglary of the Rathbone Town Hall, defendant contends that he was deprived of a fair trial because of prejudicial conduct of the court clerk during the trial. Defendant failed to preserve his contention for our review (see CPL 470.05 [2]; People v Chase, 265 AD2d 844, 844-845 [1999], lv denied94 NY2d 902 [2000]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). We reject the further contention of defendant that he was denied the right to effective assistance of counsel (see generallyPeople v Baldi, 54 NY2d 137, 147 [1981]). Defendant has failed to show that a pretrial motion to suppress evidence, if made, would have been successful and has failed to establish that defense counsel failed to provide meaningful representation (seePeople v McCoy, 21 AD3d 1275, 1276 [2005]; People v Ayala, 236 AD2d 802, 803 [1997], lv denied90 NY2d 855 [1997]). Finally, defendant contends that reversal is warranted based on prosecutorial misconduct on summation. Although the prosecutor improperly shifted the burden of proof to defendant and inappropriately referred to a conspiracy where none was charged, County Court properly instructed the jury that the People were required to prove beyond a reasonable doubt every element of the crimes charged and that the burden of proof never shifted to defendant. Thus, the prosecutor‘s improper comments did not deprive defendant of a fair trial, inasmuch as “the court clearly and unequivocally instructed the jury that the burden of proof on all issues [with respect to the crimes charged] remained with the prosecution” (People v Pepe, 259 AD2d 949, 950 [1999], lv denied93 NY2d 1024 [1999]).