PEOPLE v. RODRIGUEZ

Judgment affirmed.

Although the prosecutor indulged in some instances of improper conduct, under the circumstances we conclude defendant was not deprived of a fair trial, especially in view of the fact that this was a nonjury case ( People v. D'Abate, 37 N.Y.2d 922; People v. Brown, 24 N.Y.2d 168; People v. Lombardi, 76 A.D.2d 891; cf. People v. Zappacosta, 77 A.D.2d 928). Nor was defendant deprived of the effective assistance of counsel. Accordingly, the judgment is affirmed. O'Connor, J.P., Weinstein, Lawrence and Eiber, JJ., concur.