Appellate Division of the Supreme Court of New York, 1997

People v. Wolfe

People v. Wolfe
Appellate Division of the Supreme Court of New York · Decided November 24, 1997
244 A.D.2d 588; 664 N.Y.S.2d 358; 1997 N.Y. App. Div. LEXIS 11802
People v. Wolfe

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered March 27, 1995, convicting him of robbery in the second degree and assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention, that he was denied a fair trial when the prosecutor remarked during opening statements that a police officer knew the defendant, is without merit. The trial court immediately sustained the defense counsel’s objection to this isolated comment and issued a curative instruction, which the jury is presumed to have followed (see, People v Berg, 59 NY2d 294, 299-300).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Pizzuto, J. P., Santucci, Joy and Florio, JJ., concur.

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