Opinion
March 2, 1987
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the judgment is affirmed.
Upon the exercise of our factual review power, we are satisfied that the evidence was of sufficient quality and quantity to establish the defendant's guilt beyond a reasonable doubt.
The defendant's claim that he was prejudiced by the prosecutor's reference in his opening statement and attempted reference in his examination of a witness to a quantity of money found on the defendant at his arrest is without merit. While the reference was improper (see, People v. Lizzarra, 70 A.D.2d 572; People v. Jones, 62 A.D.2d 356), any possible prejudice arising therefrom was cured by the court's preliminary instructions and jury charge, which informed the jury that neither statements of the attorneys nor unanswered questions are evidence. Mangano, J.P., Bracken, Brown and Spatt, JJ., concur.