Opinion
February 9, 1999
Appeal from the Supreme Court, Bronx County (Robert Cohen, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility and reliability of identification testimony.
By sustaining defendant's objections and delivering suitable curative instructions that the jury is presumed to have followed ( see, People v. Davis, 58 N.Y.2d 1102, 1104), the court corrected any prejudice that might have resulted from the objectionable portions of the People's summation ( see, People v. Howard, 207 A.D.2d 751, lv denied 84 N.Y.2d 1012). Accordingly, these summation comments did not deprive defendant of a fair trial.
Concur — Sullivan, J. P., Rosenberger, Nardelli and Rubin, JJ.