People v. Blount

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility (see, People v Gaimari, 176 NY 84, 94).

The challenged portions of the prosecutor’s opening statement could not have caused any prejudice to defendant since the court struck the remarks and issued curative instructions, which the jury is presumed to have followed (see, People v Davis, 58 NY2d 1102).

The court’s limitation of defense counsel’s summation was proper inasmuch as counsel persisted in making an…