Opinion
June 21, 1994
Appeal from the Supreme Court, New York County (Rena Uviller, J.).
Contrary to defendant's argument on appeal, he was not deprived of a fair trial when no curative instruction was given in response to his brief, spontaneous and inculpatory statement from the defense table in apparent reaction to the complainant's testimony. Defense counsel never requested such an instruction (see, People v. Leitzsey, 173 A.D.2d 488, 488-489, lv denied 78 N.Y.2d 969); there is no "requirement that a defendant affirmatively be stopped from making an inculpatory statement" (People v. Gonzales, 75 N.Y.2d 938, 940, cert denied 498 U.S. 833); it is presumed that the jurors followed the court's general instructions on what constitutes evidence and disregarded defendant's statement (People v. Davis, 58 N.Y.2d 1102, 1104); and, assuming a curative instruction should have been given, the failure to do so was harmless in view of the overwhelming evidence of guilt (People v. Crimmins, 36 N.Y.2d 230).
Concur — Sullivan, J.P., Carro, Wallach, Rubin and Williams, JJ.