People v. Marte

The court properly exercised its discretion in denying defendant’s mistrial motion based on the prosecutor’s summation. The challenged portions of the summation did not deprive defendant *406of a fair trial (see generally People v D’Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81 NY2d 884 [1993]). Although the prosecutor erred by commenting that defendant knew he was guilty, the court struck that comment and subsequently delivered a thorough curative instruction, which the jury is presumed to have followed (see People v Davis, 58 NY2d 1102, 1104 [1983]), and which sufficed to prevent any…