PEOPLE v. OCASIO (1999)

Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered December 19, 1997, convicting defendant, after a jury trial, of forgery in the second degree, criminal possession of a forged instrument in the second degree, grand larceny in the fourth degree and criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, 2 to 4 years, 1 1/212 to 3 years, and 1 1/212 to 3 years, respectively, unanimously affirmed.

Defendant was not deprived of a fair trial by any comments of the prosecutor during summation and thus was not entitled to a mistrial.   Rather, where appropriate, the court sustained objections and took prompt curative actions, including instructing the jury extensively regarding proper consideration of summation comments, thereby effectively obviating any possible prejudice to defendant (see, People v. D'Alessandro, 184 A.D.2d 114, 118, 591 N.Y.S.2d 1001, lv. denied 81 N.Y.2d 884, 597 N.Y.S.2d 945, 613 N.E.2d 977).

MEMORANDUM DECISION.