Opinion
November 21, 1988
Appeal from the Supreme Court, Kings County (Tomei, J.).
Ordered that the judgments are affirmed.
Viewing the evidence adduced at the trial of indictment No. 6940/85 in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt. Moreover, upon the exercise of our factual review power, we find that the verdict in that case was not against the weight of the evidence (see, CPL 470.15).
We disagree with the defendant's contentions that the People's summation deprived him of a fair trial and due process of law. We note that with respect to many of the allegedly improper comments, the trial court sustained the objections registered by the defendant and — without subsequent objection by the defendant — promptly issued curative instructions to the jury, thereby dissipating any prejudice which may have arisen (see, People v Medina, 53 N.Y.2d 951; People v. Flores, 139 A.D.2d 525, 526; People v. Keith, 136 A.D.2d 657, lv denied 71 N.Y.2d 970). Moreover, the record further reveals that certain of the prosecutor's remarks were merely responsive to the defense counsel's questioning the credibility of the People's witnesses (see, People v. Flores, supra; People v. Gutierrez, 136 A.D.2d 655; People v. Collins, 136 A.D.2d 722, 723, lv denied 71 N.Y.2d 894). In any event, the prosecutor's comments did not, in light of the strong proof of guilt, deprive the defendant of a fair trial (see, People v. Galloway, 54 N.Y.2d 396; People v. Keith, supra).
Finally, the sentences imposed were neither harsh nor excessive under the circumstances. Mollen, P.J., Brown, Eiber and Kooper, JJ., concur.