Opinion
October 14, 1986
Appeal from the Supreme Court, Suffolk County (Jaspan, J.).
Justice Niehoff has been substituted for the late Justice Gibbons (see, 22 NYCRR 670.2 [c]).
Ordered that the judgment is affirmed.
The alleged improper remarks by the prosecutor during summation did not deprive the defendant of a fair trial. Throughout the summation the court cautioned the prosecutor. In a side-bar conference the prosecutor was informed that should he transgress the defendant's right to a fair trial through his summation, a mistrial would be declared. In view of the trial court's action and curative instructions and the overwhelming proof of the defendant's guilt in this case, a reversal and new trial is not required (see, People v Marrero, 110 A.D.2d 785; People v Martin, 112 A.D.2d 387; People v Dupree, 110 A.D.2d 777).
Our review of the record discloses that the defendant's remaining contention is without merit. Bracken, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.