PEOPLE v. WOLFE (1997)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., Respondent, v. Lamont WOLFE, Appellant.

Decided: November 24, 1997

Before PIZZUTO, J.P., and SANTUCCI, JOY and FLORIO, JJ.

Steven A. Feldman, Hauppauge, for appellant. Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano and Gerasimia Stathatos, of counsel), for respondent.

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 N.Y.2d 294, 299-300, 464 N.Y.S.2d 703, 451 N.E.2d 450).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

MEMORANDUM BY THE COURT.

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