Opinion
June 15, 1998
Appeal from the Supreme Court, Queens County (LaTorella, J.).
Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).
The defendant's contention that the court improperly participated in the trial proceedings is not preserved for appellate review (see, People v. Green, 244 A.D.2d 423). In any event, the defendant was not deprived of a fair trial by the court's conduct (People v. Caballero, 242 A.D.2d 337).
Some of the defendant's remaining contentions are unpreserved for appellate review but, in any event, all are without merit.
Santucci, J. P., Joy, McGinity and Luciano, JJ., concur.