People v. Bueno

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.), rendered September 12, 2005, convicting him of *643criminal sale of marijuana in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

“[A]bsent bad faith . . . the prosecutor’s failure to prove every statement in his or her opening will not result in a jury’s verdict being reversed” (People v Zienkowicz, 213 AD2d 435, 436 [1995]; see People v De Tore, 34 NY2d 199, 207 [1974], cert denied sub nom. Wedra v New York, 419 US 1025 [1974]; People v Pierre, 35 AD3d 893…