Opinion
December 31, 1986
Appeal from the Supreme Court, Queens County (Clabby, J.).
Ordered that the judgment is affirmed.
The defendant was not deprived of a fair trial by the opening remarks of counsel which, at worst, hinted that he had committed the uncharged crime of possession of a stolen vehicle at the time of his arrest. These comments were made in good faith as there existed support for them which would have been admissible as necessary background facts to establish a reason for the defendant's arrest and the search which yielded the fruits of the charged crimes (see, e.g., People v. Montanez, 41 N.Y.2d 53; People v. Carswell, 105 A.D.2d 844). Furthermore, any possible error was cured by the court's remarks both prior to the openings and in its charge. Thompson, J.P., Niehoff, Rubin and Kunzeman, JJ., concur.