PEOPLE v. MINER (1997)

 There is no merit to defendant's argument that the jury's verdict is repugnant.   The fact that the jury did not believe that defendant possessed a knife does not negate the forcible compulsion element of rape and sexual abuse in the first degree (see, People v. Goodfriend, 100 A.D.2d 781, 781-782, 474 N.Y.S.2d 65, affd. 64 N.Y.2d 695, 485 N.Y.S.2d 519, 474 N.E.2d 1187).   Defendant argues that he was denied a fair trial by prosecutorial misconduct.   County Court sustained defendant's objection to each instance of alleged misconduct, and defendant did not request further curative instruction or move for a mistrial.  “Thus, the court ‘must be deemed to have corrected the error to defendant's satisfaction’ ” (People v. Balkum, 233 A.D.2d 929, 930, 649 N.Y.S.2d 874, quoting People v. Williams, 46 N.Y.2d 1070, 1071, 416 N.Y.S.2d 792, 390 N.E.2d 299).   In any event, the conduct of the prosecutor was not so egregious as to deprive defendant of a fair trial (see, People v. Curley, 159 A.D.2d 969, 970, 552 N.Y.S.2d 768, lv. denied 76 N.Y.2d 733, 558 N.Y.S.2d 895, 557 N.E.2d 1191).

Judgment unanimously affirmed.

MEMORANDUM: