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PEOPLE v. FERNANDEZ

110 A.D.2d 657 (1985)

The People of the State of New York, Respondent, v. Rafael J. Fernandez, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 1, 1985

Judgment affirmed.

Defendant has failed to preserve for appellate review the propriety of the trial court's comments during the course of the trial (CPL 470.05) and, in any event, he has failed to show how the comments prejudiced him. Rather, the comments appear to have been innocuous and a legitimate exercise of the court's prerogative to control the proceedings before it (see, e.g., People v De Jesus,

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