Majority
p. 928The People of the State of New York, Respondent, v James Bator, Appellant.
— Judgment unanimously affirmed. Memorandum: We reject defendant’s argument that prosecutorial misconduct on summation deprived him of a fair trial. The statements of which defendant now complains were not so prejudicial as to require reversal, given the strength of the People’s case (see, People v Curley, 159 AD2d 969 , 970, lv denied 76 NY2d 733 ; People v Banks, 124 AD2d 1064 , lv denied 69 NY2d 824 , cert denied 484 US 834 ).
The trial court adequately explained the applicable legal principles to the jury (CPL 300.10 [2]). Because this case was relatively uncomplicated and the jury was adequately apprised of defendant’s position, the court’s marshalling of the
p. 929
evidence was not necessary to a fair trial (see, People v Patterson, 121 AD2d 406 , lv denied 68 NY2d 759 ). We decline to modify defendant’s sentence in the interest of justice. (Appeal from Judgment of Supreme Court, Erie County, Marshall, J. — Burglary, 3rd Degree.) Present — Denman, P. J., Doerr, Boomer, Pine and Balio, JJ.
Cases cited
- People v. Banks 124 AD2d 1064 p. 928