Opinion
April 23, 1990
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was sufficient to establish the defendant's guilt beyond reasonable doubt. The complainant testified that the defendant displayed a knife to him at the same time that the defendant and his cohorts demanded that the complainant turn over his valuables. This was sufficient to establish a "forcible stealing" within the meaning of Penal Law § 160.00. The contemporaneity of the defendant's actions to compel the complainant to deliver up his property renders his reliance on People v. Walden ( 120 A.D.2d 362) inapposite.
Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).
The defendant's contention that the prosecutor improperly referred to his failure to testify is not preserved for appellate review. Significantly, the trial court sustained the defendant's objection to the statements and gave the jury curative instructions. The defendant made no further applications with respect to those curative instructions. In the absence of such an application, it must be assumed that the court cured the error to the defendant's satisfaction, and he may not now contend that the statements were erroneous on appeal (see, People v. Santiago, 52 N.Y.2d 865, 866; People v. Parilla, 158 A.D.2d 556; People v Jalah, 107 A.D.2d 762, 763). Moreover, review is not warranted in the exercise of our interest of justice jurisdiction.
Reading the charge as a whole, including the supplemental charge on the definition of reasonable doubt given to the jury at their request, we do not find that there was any danger that the jury misunderstood or misapplied the law.
Finally, we find that the defendant's sentence was not excessive in view of his criminal record (see, People v. Suitte, 90 A.D.2d 80). Rubin, J.P., Eiber, Rosenblatt and Miller, JJ., concur.