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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY BOWDEN, Defendant-Appellant.

Defendant was not deprived of a fair trial by evidence that he was found in possession of $89.00 in addition to prerecorded buy money. Were we to find any error in the admission of this evidence, we would find it to be harmless in view of the overwhelming evidence of defendant's guilt (see People v. Perez, 185 A.D.2d 147).

The court properly exercised its discretion in denying defendant's mistrial motion made on the basis of an isolated improper remark during the prosecutor's summation, since the court's curative instruction was sufficient to prevent any prejudice (see People v. Santiago, 52 N.Y.2d 865).

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PEOPLE v. BOWDEN
(Nov 25, 2003)