People v. Pivnick

—Judgment unani*1001mously affirmed. Memorandum: Defendant contends that he was denied a fair trial when the prosecutor improperly commented during summation on defendant’s failure to testify. Defendant objected to the comment and moved for a mistrial. Supreme Court sustained the objection and immediately instructed the jury to disregard the prosecutor’s comment, and there was no further objection by defendant. During its charge, the court further instructed the jury at defendant’s request that no unfavorable inference may be drawn from defendant’s failure to testify. Contrary to defendant’s…