Opinion
December 22, 1994
Appeal from the Supreme Court, Bronx County (Lawrence Bernstein, J.).
Defendant's claim that the trial court, sitting without a jury, engaged in premature deliberations was not preserved for appellate review (CPL 470.05; see, People v Gonzalez, 155 A.D.2d 310, lv denied 75 N.Y.2d 813), and we decline to review it in the interest of justice. In any event, the trial court did not engage in premature deliberations in violation of CPL 320.20 simply by requesting counsel in their summations to "focus" on a particular issue and by observing that its analysis of the case was continuous as the evidence unfolded.
Concur — Sullivan, J.P., Wallach, Kupferman, Asch and Tom, JJ.