Opinion
December 22, 1986
Appeal from the Supreme Court, Kings County (Beldock, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (People v. Kennedy, 47 N.Y.2d 196), it was proven beyond a reasonable doubt that the defendant committed the acts for which he was convicted (see, People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932; People v. Contes, 60 N.Y.2d 620, 621).
Moreover, we reject the defendant's contention that he was prejudiced by the People's opening statement tending to show that he engaged in the sale of narcotics, an uncharged crime. Objections were sustained and prompt curative instructions were given with reference to most of the challenges. There is no reason to doubt that the clear and immediate curative instructions were followed by the jury (see, People v. Lopez, 100 A.D.2d 555, 556). In light of the curative instructions, and given the overwhelming evidence of guilt, there is no significant probability that the jury would have acquitted the defendant were it not for the comments in question (see, People v. Crimmins, 36 N.Y.2d 230). Weinstein, J.P., Rubin, Kooper and Sullivan, JJ., concur.