Opinion
July 23, 1990
Appeal from the Supreme Court, Kings County (Kramer, J.).
Ordered that the judgment is affirmed.
Viewing the evidence 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 support the conviction beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
Contrary to the defendant's further contention, she was not deprived of a fair trial because one juror inadvertently saw her in handcuffs (see, People v. Harper, 47 N.Y.2d 857; People v Walker, 139 A.D.2d 546). This juror was immediately segregated from the remaining jurors and was given a curative instruction by the trial court, and the defendant declined the trial court's offer to substitute an alternate. In addition, the isolated reference by a witness to the fact that the defendant had been incarcerated does not warrant reversal since the comment was not elicited by the prosecutor, and a curative instruction was given by the trial court (see, People v. Jeudi, 139 A.D.2d 594).
We find no merit to the defendant's other contentions. Thompson, J.P., Lawrence, Harwood and Balletta, JJ., concur.