Opinion
January 22, 1985
Appeal from the Supreme Court, Kings County (Pizzuto, J.).
Judgment affirmed.
The defendant was not deprived of a fair trial by misconduct on the part of the prosecutor during summation. Although the prosecutor made certain improper remarks with respect to the presumption of innocence, the court's immediate curative instructions were sufficient to dispel whatever prejudicial effect such remarks may have had (see People v. Cuevas, 99 A.D.2d 553). Moreover, since the defendant did not request additional instructions or seek a mistrial, the court must be deemed to have cured the error to defendant's satisfaction (see, e.g., People v Medina, 53 N.Y.2d 951; People v. Baldo, 107 A.D.2d 751; People v Cuevas, supra). We have examined the defendant's remaining contentions and find them to be without merit. Lazer, J.P., Bracken, Rubin and Eiber, JJ., concur.