Opinion
January 28, 1985
Appeal from the Supreme Court, Queens County (Buschmann, J.).
Judgment affirmed.
Although the prosecutor indulged in some instances of improper conduct, under the circumstances we conclude defendant was not deprived of a fair trial, especially in view of the fact that this was a nonjury case ( People v. D'Abate, 37 N.Y.2d 922; People v. Brown, 24 N.Y.2d 168; People v. Lombardi, 76 A.D.2d 891; cf. People v. Zappacosta, 77 A.D.2d 928). Nor was defendant deprived of the effective assistance of counsel. Accordingly, the judgment is affirmed. O'Connor, J.P., Weinstein, Lawrence and Eiber, JJ., concur.