Opinion
556
March 20, 2003.
Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered March 5, 2001, convicting defendant, after a jury trial, of three counts of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.
Michael S. Morgan, for respondent.
Cheryl Williams, for defendant-appellant.
Before: Nardelli, J.P., Tom, Andrias, Saxe, Williams, JJ.
Defendant's claim that he was deprived of a fair trial by the court's interjections into the People's presentation of evidence is unpreserved for appellate review (see People v. Charleston, 56 N.Y.2d 886), and we decline to review it in the interest of justice. Were we to review this claim, we would conclude that the court's conduct did not rise to the level of judicial interference warranting reversal (see People v. Reid, 296 A.D.2d 335, lv denied 98 N.Y.2d 731; People v. Smith, 251 A.D.2d 226,lv denied 92 N.Y.2d 930).
We have considered and rejected defendant's remaining claims.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.