Opinion
570141/16
05-14-2019
The PEOPLE of the State of New York, v. Robert WILLIAMS, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Guy H. Mitchell, J.), rendered January 4, 2016, affirmed.
Defendant failed to preserve his present contention that the trial court acted as a prosecutor and deprived him of his constitutional right to a fair trial (see People v. Kello , 96 NY2d 740 [2001] ), and we decline to review it in the interest of justice. As an alternative holding, we reject this claim on the merits (see People v. DeLeyden , 10 NY2d 293 [1961] ; People v. Cosme , 54 Misc 3d 145[A], 2017 NY Slip Op 50295[U] [App Term, 1st Dept 2017], lv denied 29 NY3d 1077 [2017] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.