Opinion
November 29, 1993
Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
We further find that the immediate and complete curative instructions given by the trial court were sufficient to eliminate any prejudice which might have resulted from the prosecutor's three passing references to the evidence as "uncontroverted" during his summation (see, People v DeFigueroa, 182 A.D.2d 772, 773; see also, People v Bryant, 163 A.D.2d 406; People v Brown, 163 A.D.2d 405, 406; People v Allen, 127 A.D.2d 840, 841; People v Patterson, 83 A.D.2d 691). In any event, proof of the defendant's guilt was overwhelming and there is no significant probability that the remarks affected the jury's verdict (see, People v Crimmins, 36 N.Y.2d 230; People v Bryant, supra).
The defendant's other contentions are either unpreserved for appellate review or without merit. Bracken, J.P., Miller, Lawrence and Pizzuto, JJ., concur.