Opinion
January 14, 1993
Appeal from the Supreme Court, New York County (Ronald A. Zweibel, J.).
We agree with the hearing court that the lineup utilized in this case was not unduly suggestive and constituted a fairly representative panel (see, People v. Sease, 155 A.D.2d 391, lv denied 75 N.Y.2d 818).
The prosecutor's summation remarks claimed by defendant to constitute error were either promptly stricken by the trial court and presumably not considered by the jury (People v. Davis, 58 N.Y.2d 1102), or constituted fair comment on the evidence (People v. Galloway, 54 N.Y.2d 396).
In view of the strength of the People's evidence at trial, and the trial court's proper instructions regarding the People's burden of proof, we decline to invoke this Court's discretionary power to review in the interest of justice the trial court's inadvertent omission of a specific final jury charge on the presumption of innocence (People v. Creech, 101 A.D.2d 753; cf., People v. Guzman, 164 A.D.2d 828).
We have considered defendant's remaining claims and find them to be without merit.
Concur — Sullivan, J.P., Milonas, Ellerin and Wallach, JJ.