Majority
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Beldock, J.), rendered November 11, 1980, convicting him of criminal possession of a controlled substance in the fourth degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Moreover, we reject the defendant’s contention that he was prejudiced by the People’s opening statement tending to show that he engaged in the sale of narcotics, an uncharged crime. Objections were sustained and prompt curative instructions were given with reference to most of the challenges. There is no reason to doubt that the clear and immediate curative instructions were followed by the jury (see, People v Lopez, 100 AD2d 555 , 556). In light of the curative instructions, and given the overwhelming evidence of guilt, there is no significant probability that the jury would have acquitted the defendant were it not for the comments in question (see, People v Crimmins, 36 NY2d 230 ). Weinstein, J. P., Rubin, Kooper and Sullivan, JJ., concur.
Cases cited
- People v. Kennedy 47 NY2d 196 p. 615
- People v. Malizia 62 NY2d 755 at 757 p. 615
- People v. Contes 60 NY2d 620 at 621 p. 615
- People v. Lopez 100 AD2d 555 at 556 p. 615
- People v. Crimmins 36 NY2d 230 p. 615