Opinion
November 21, 1994
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the judgment is affirmed.
During the trial, the defendant never claimed that the court's comments in front of the jury violated his right to present a defense or his due process right to a fair trial, and the defendant never moved for a mistrial on such grounds. Thus, these arguments are unpreserved for review (see, CPL 470.05; People v. Charleston, 56 N.Y.2d 886, 887; People v. Yut Wai Tom, 53 N.Y.2d 44, 54-56; People v. Dowdy, 154 A.D.2d 613, 614; People v Robinson, 137 A.D.2d 564; People v. Dyer, 128 A.D.2d 719). In any event, the record reveals that when the defendant repeatedly gave unresponsive answers during direct examination, and, upon the People's objections, the court intervened in an evenhanded manner to clarify his testimony. It did not act harshly or otherwise demonstrate prejudice or bias toward the defendant (see, People v. Yut Wai Tom, supra, at 56-57; People v. Jamison, 47 N.Y.2d 882, 883; People v. Jordan, 138 A.D.2d 407; People v. Robinson, supra; People v. Dyer, supra; People v. Ayala, 120 A.D.2d 600; People v Riddick, 117 A.D.2d 632). The court's comments to the defendant outside of the hearing of the jury similarly did not deny him a fair trial or limit his right or ability to testify (see, People v. Whaley, 144 A.D.2d 510, 511). Mangano, P.J., Thompson, Copertino and Hart, JJ., concur.