Opinion
March 10, 1998
Appeal from the Supreme Court, New York County (Harold Rothwax, J.).
Defendant was not deprived of a fair trial by the court's interjection of certain questions and comments. The court "acted within reasonable limits to clarify confusing questions and testimony and to elicit relevant facts" (People v. Rivera, 201 A.D.2d 385, 386, lv denied 83 N.Y.2d 914).
The court properly refused defendant's request for a specific charge on the mistake of fact defense. The court's instructions adequately covered the defense theory (see, People v. Williams, 81 N.Y.2d 303, 316-317). There is no merit to defendant's suggestion that the court's charge permitted the jury to accept defendant's theory of defense but convicted him nevertheless.
Defendant opened the door to testimony concerning silence by defendant and his codefendants at the time of the arrest. We further conclude that any error in the evidentiary rulings challenged on appeal was harmless in view of the overwhelming evidence of guilt.
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Sullivan, J. P., Milonas, Rubin and Tom, JJ.