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PEOPLE v. MARSTON

2004-00422

71 A.D.3d 789 (2010)

895 N.Y.S.2d 751

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARDY MARSTON, Appellant.

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

Decided March 9, 2010.

Ordered that the judgment is affirmed.

The defendant's contention that he was deprived of a fair trial by the trial court's alleged denigration of defense counsel is without merit. Although the trial court criticized, in front of the jury, defense counsel's conduct, and made some comments that were less than favorable, the court's actions were provoked by defense counsel's misconduct (see People v Gonzalez, 38 N.Y.2d 208

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