Opinion
October 5, 1993
Appeal from the Supreme Court, New York County (Budd Goodman, J.).
Defendant's contention that the trial court's extensive questioning of witnesses denied her a fair trial is not preserved for review as a matter of law (CPL 470.05), and we decline to reach it. If we were to consider the issue in the interest of justice, we would note that the court's questioning facilitated the orderly and expeditious progress of the trial and was entirely proper (People v. Ortiz, 173 A.D.2d 330, 331, lv denied 78 N.Y.2d 1079). Also unpreserved and without merit is defendant's contention that the court's no adverse inference instruction was improper (see, People v. Grant, 178 A.D.2d 283, 284, lv denied 79 N.Y.2d 920). In view of defendant's criminal record, we find no abuse of discretion in sentencing.
Concur — Rosenberger, J.P., Ross, Asch and Rubin, JJ.