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PEOPLE v. BROWN

Appellate Division of the Supreme Court of New York, Fourth Department.
Mar 13, 1998
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Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him upon a jury verdict of two counts of burglary in the second degree (Penal Law ยง 140.25), defendant contends that the verdict is not supported by legally sufficient evidence and is contrary to the weight of the evidence. We disagree (see, People v. Bleakley, 69 N.Y.2d 490, 495).

Supreme Court did not abuse its discretion in denying defendant's motions for a mistrial. The court gave prompt curative instructions addressing the basis for each motion, thereby alleviating any prejudice that may have resulted (see, People v. Guise, 179 A.D.2d 1027, lv denied 79 N.Y.2d 1001).

Defendant contends that three comments by the prosecutor during summation deprived him of a fair trial. We disagree. The court sustained an objection on two occasions and gave a prompt curative instruction. Further, the isolated comments were not so egregious as to deprive defendant of a fair trial (see, People v. Rubin, 101 A.D.2d 71, 77, lv denied 63 N.Y.2d 711; cf., People v. Mott, 94 A.D.2d 415, 419).