PEOPLE v. WILLIAMS (2019)

Judgment of conviction (Guy H. Mitchell, J.), rendered January 4, 2016, affirmed.

Defendant failed to preserve his present contention that the trial court acted as a prosecutor and deprived him of his constitutional right to a fair trial (see People v. Kello, 96 NY2d 740 [2001]), and we decline to review it in the interest of justice. As an alternative holding, we reject this claim on the merits (see People v. DeLeyden, 10 NY2d 293 [1961]; People v. Cosme, 54 Misc 3d 145[A], 2017 NY Slip Op 50295[U] [App Term, 1st Dept 2017], lv denied 29 NY3d 1077 [2017]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.