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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY SMITH, Appellant.

Ordered that the judgment is affirmed.

The prosecutor's summation diverged from the confines of the evidence adduced at trial in certain minor respects. These inaccuracies were, however, so inconsequential as to be harmless as a matter of law, and a new trial is therefore not warranted (see generally, People v Roopchand, 65 N.Y.2d 837, affd 107 A.D.2d 35; People v Galloway, 54 N.Y.2d 396). We would further note that the trial court issued curative instructions to the effect that the jury's recollection of the evidence should prevail. Mollen, P.J., Thompson, Eiber and Spatt, JJ., concur.

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PEOPLE v. SMITH
(Oct 20, 1986)