People v. Pena

*702The defendant’s contention that he was deprived of a fair trial by the Supreme Court’s alleged denigration of defense counsel is without merit. Although the court made some remarks which were less than favorable in the presence of the jury, the court’s actions were provoked by defense counsel’s persistent misconduct in disregarding the court’s evidentiary rulings, and in arguing with the court over its rulings (see People v Marston, 71 AD3d 789 [2010]; People v Serrano, 253 AD2d 531 [1998]). In any event, the court alleviated any prejudice to the defendant resulting from the remarks by…