PEOPLE v. PHAM

1176 KA 14-01600.

178 A.D.3d 1438 (2019)

112 N.Y.S.3d 663

2019 NY Slip Op 09182

The People of the State of New York, Respondent, v. Vinh D. Pham, Also Known as Vinh Phan, Appellant.

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

Decided December 20, 2019.


Attorney(s) appearing for the Case

TIMOTHY P. DONAHER , PUBLIC DEFENDER, ROCHESTER ( JANET C. SOMES , OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( SCOTT MYLES , OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Peradotto, DeJoseph, NeMoyer and Troutman, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of murder in the second degree (Penal Law § 125.25[1]). Defendant failed to object to County Court's questioning of the People's expert witness, and therefore his contention "that the Trial Judge's extensive participation in the questioning of [that] witness[ ] deprived him of a fair trial ... is not...

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