Opinion
July 5, 1988
Appeal from the Supreme Court, Kings County (Owens, J.).
Ordered that the judgment is affirmed.
The defendant's claim that he was denied a fair trial by the prosecutor's reference in his opening statement to suppressed lineup identification evidence is without merit. While the reference was improper, any possible prejudice arising therefrom was cured by the court's prompt curative instruction and jury charge, which informed the jury that statements of the attorneys did not constitute evidence (see, People v. Reid, 140 A.D.2d 639; People v. Sanders, 108 A.D.2d 316, affd 66 N.Y.2d 906). Moreover, other references to the suppressed lineup identification were harmless in light of the overwhelming proof of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230, 242).
Finally, the court properly ordered the indeterminate sentence imposed on the instant conviction to run consecutively to the indeterminate sentence imposed on a prior felony conviction since the defendant was convicted of a violent felony offense committed after he had been released on bail on a pending felony charge (see, Penal Law § 70.25 [2-b]; People v. Camacho, 120 A.D.2d 671). Thompson, J.P., Spatt, Sullivan and Harwood, JJ., concur.