Ordered that the judgment is modified, on the law, by vacating the adjudication of the defendant as a persistent violent felony offender; as so modified, the judgment is affirmed.
The supplemental instruction on intent given by the Supreme Court was a meaningful response which adequately conveyed the relevant legal principles (see People v Steinberg, 79 NY2d 673, 684 [1992]; People v Malloy, 55 NY2d 296, 301 [1982], cert denied 459 US 847 [1982]; People v Bryant, 13 AD3d 1170 [2004]; People v Wise, 204 AD2d 133, 134-135 [1994]; People v Fraser, 181 AD2d 425 [1992]; People v Barnes, 265 AD2d 169 [1999]; People v Jones, 229 AD2d 597 [1996]; CPL 310.30), and did not shift the burden of proof (cf. Sandstrom v Montana, 442 US 510, 515 [1979]; People v Getch, 50 NY2d 456, 465 [1980]). Accordingly, defense counsel’s failure to object to the supplemental charge did not deny the defendant the effective assistance of counsel (see People v Benevento, 91 NY2d 708, 712 [1998]; People v Baldi, 54 NY2d 137, 147 [1981]).
Any prejudice suffered by the defendant from the improper summation comment by the prosecutor regarding extreme emotional disturbance was ameliorated by the court’s instructions (see People v Svanberg, 293 AD2d 555 [2002]; People v Rivera, 142 AD2d 614 [1988]), and did not deprive the defendant of a fair trial (see People v Roopchand, 107 AD2d 35, 36 [1985]). The defendant’s remaining challenges to comments made by the prosecutor during summation are unpreserved for appellate review (see CPL 470.05 [2]). In any event, either the challenged comments constituted fair comment on the evidence (see People v Galloway, 54 NY2d 396 [1981]; People v Ashwal, 39 NY2d 105 [1976]), or any prejudice suffered by the defendant was ameliorated by the court’s instructions (see People v Svanberg, 293 AD2d at 555), and did not deprive the defendant of a fair trial (see People v Roopchand, 107 AD2d at 36, affd 65 NY2d 837 [1985]).
Although the Supreme Court improperly adjudicated the defendant a persistent violent felony offender (see Penal Law