People v. Canty

We find that any prejudice resulting from the prosecutor’s erroneous comments in her opening statements concerning the import of an indictment, and in the court’s refusal to give an immediate curative instruction does not mandate reversal in light of the court’s instructions during jury selection and in its final charge (People v Sanders, 213 AD2d 432, lv denied 85 NY2d 980; People v James, 197 AD2d 429, lv denied 83 NY2d 806). We also find that, by his acquiescence in the court’s election to defer the curative instruction until its final charge, defendant failed to preserve his present…