Opinion
November 27, 1995
Appeal from the Supreme Court, Queens County (Clabby, J.).
Ordered that the judgment is affirmed.
Although it was error for the prosecutor to suggest during her opening statement that the evidence to be presented at trial had been presented to the Grand Jury, which returned an indictment (see, People v LaDolce, 196 A.D.2d 49, 54-55; People v Sandy, 115 A.D.2d 27, 31), any prejudice was cured by the trial court's instruction to the jury that the indictment has no probative or evidentiary value (see, People v Sanders, 213 A.D.2d 432; People v James, 197 A.D.2d 429).
The defendant's contention that he was prejudiced by certain comments that were made by the prosecutor during her summation is unpreserved for appellate review (see, CPL 470.05; People v Comer, 73 N.Y.2d 955; People v Medina, 53 N.Y.2d 951), and we decline to reach the issue in the exercise of our interest of justice jurisdiction.
The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or without merit. Bracken, J.P., Sullivan, Miller and Florio, JJ., concur.