Opinion
July 16, 1993
Appeal from the Supreme Court, Monroe County, Bergin, J.
Present — Denman, P.J., Balio, Lawton, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that his conviction of first degree robbery and attempted first degree robbery is against the weight of the evidence. That contention is without merit. It was reasonable for the jury to infer from defendant's conduct and from the circumstances surrounding the commission of the crimes that defendant acted intentionally (see, People v. Steinberg, 79 N.Y.2d 673, 682; People v. Smith, 79 N.Y.2d 309, 315).
The alleged prosecutorial misconduct did not deprive defendant of a fair trial. Although the prosecutor's attempt to avoid a stipulation regarding blood stains found on defendant's shirt constitutes misconduct, the prompt response and curative instruction by the trial court dispelled any potential prejudice (see, People v. Maiello, 185 A.D.2d 726, lv denied 80 N.Y.2d 1028). We further conclude that the jury would have reached the same result if the conduct had not occurred (see, People v Curley, 159 A.D.2d 969, lv denied 76 N.Y.2d 733). We have reviewed defendant's remaining contentions and find them to be without merit.