Opinion
October 16, 1997
Appeal from the Supreme Court, New York County (Patricia Williams, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490). Credibility issues were properly placed before the trier of fact and we find no reason to disturb its findings.
Defendant's contention that the court's interruptions during summation deprived him of his right to an effective summation is unpreserved for appellate review ( see, People v. Charleston, 56 N.Y.2d 886), and we decline to review it in the interest of justice. Were we to review it, we would find that the court's queries were proper since they served to clarify the arguments and caused no prejudice ( see, People v. Mays, 197 A.D.2d 361). Defendant's claim that the court engaged in "premature deliberations" before rendering its verdict is subject to normal preservation requirements, is unpreserved, and is unsupported by the record ( People v. Lloyd, 210 A.D.2d 163, lv denied 85 N.Y.2d 864).
Concur — Murphy, P.J., Wallach, Nardelli, Tom and Colabella, JJ.