Remember, what the lawyers say in an opening statement or at any time thereafter is not evidence.5 The lawyers are not witnesses. What I say is not evidence. I am not a witness. In other words, you must decide the case on the evidence and what the lawyers say at any time is not evidence.
I was doubting myself. Thought maybe NY law was different from FL law. So I looked it up. There it is in black and white. The New York State standard jury instruction on opening statements.