People v. Waters

—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that his conviction should be reversed based upon prosecutorial misconduct. The prosecutor’s conduct did not cause “ ‘such substantial prejudice to the defendant that he has been denied due process of law’ ” (People v Rubin, 101 AD2d 71, 77, Iv denied 63 NY2d 711, quoting People v Mott, 94 AD2d 415, 419; see, People v Tidwell, 207 AD2d 957, Iv denied 84 NY2d 1039). Further, the evidence of defendant’s guilt is overwhelming, and there is no significant probability that defendant would have been acquitted but for…