People v. Ferguson

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Where no formal demonstration of the defendant’s "handedness” had been presented during trial, the prosecutor’s remark to the jury during summation — "[y]ou have been here through the course of the trial and [have] seen [defendant] sitting there. Defendant takes notes with his left hand”— constituted an improper reference to facts not in evidence (see, People v Paperno, 54 NY2d 294, 300-301). Nonetheless, the court’s curative instruction, which directed the jurors to disregard the note-taking comment and…