Opinion
June 12, 1995
Appeal from the Supreme Court, Queens County (Leahy, J.).
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that the court's announcement of its verdict prior to his attorney's summation and charge requests effectively deprived him of due process and his right to counsel (see, CPL 470.05; People v. Parker, 118 A.D.2d 598). In any event, the contention is without merit. The court rendered a verdict based upon its belief, not wholly unjustified, that the defense had concluded its presentation. Moreover, upon learning of the misunderstanding, the court vacated its verdict and afforded counsel an opportunity to present any and all further relevant arguments and requests. Based on these facts, and the deference afforded a court conducting a bench trial (see, People v Cheswick, 166 A.D.2d 88, affd 78 N.Y.2d 1119; People v. Bishop, 111 A.D.2d 398), the defendant was denied neither due process nor his right to counsel.
The defendant's sentence was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80).
We have reviewed the defendant's remaining contentions and find them to be without merit. Rosenblatt, J.P., Ritter, Copertino and Santucci, JJ., concur.