Opinion
1999-09252
Argued September 6, 2002.
September 24, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered February 17, 2000, convicting him of criminal sale of a controlled substance in the third degree, after a nonjury trial, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Svetlana M. Kornfeind of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Beverly Kalman of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
The defendant has not preserved for appellate review his contention that the trial court's examination of witnesses during the trial, and comments during the prosecutor's summation, denied him a fair trial (see CPL 470.05; People v. Charleston, 56 N.Y.2d 886; People v. Gonzalez, 183 A.D.2d 783). In any event, the trial court's questioning was proper (cf. People v. Yut Wai Tom, 53 N.Y.2d 44, 45).
The defendant's remaining contentions are without merit.
SANTUCCI, J.P., SCHMIDT, TOWNES and COZIER, JJ., concur.