Opinion
June 22, 1992
Appeal from the Supreme Court, Kings County (Aiello, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, absent bad faith or undue prejudice, reversal is not required when the People fail to produce evidence alluded to in their opening statement (see, People v. De Tore, 34 N.Y.2d 199, 207, cert denied sub nom. Wedra v. New York, 419 U.S. 1025; People v. Edwards, 145 A.D.2d 503). There is no evidence of bad faith in this case. Moreover, that defense counsel's immediate objection to the prosecutor's statement in his opening and the prompt ruling of the trial court effectively curtailed any prejudice which might have ensued if the prosecutor had continued. Thus, the isolated instance complained of on appeal does not warrant a new trial (see, People v. Rivera, 160 A.D.2d 267).
We have reviewed the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Sullivan, J.P., Lawrence, Ritter, and Santucci, JJ., concur.