Opinion
September 30, 1994
Appeal from the Supreme Court, Erie County, Kubiniec, J.
Present — Pine, J.P., Balio, Fallon, Callahan and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was not deprived of a fair trial by prosecutorial misconduct. Although the prosecutor twice referred to the defense approach as a "smoke screen", those references were isolated and do not constitute such a pervasive pattern of misconduct that reversal is warranted (see, People v. Mott, 94 A.D.2d 415). Finally, defendant's sentence is not harsh or excessive.