Opinion
December 18, 1987
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Doerr, J.P., Denman, Boomer, Green and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Under all of the circumstances, the remark of the complaining witness that she had known that defendant had killed his brother was not so prejudicial as to require a mistrial. This remark was not in response to any question by the prosecutor and the court promptly directed that it be stricken from the record and gave a strong curative instruction in its charge. Further, there was strong evidence of defendant's guilt.