People v. Kirby

—Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered March 13, 1996, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second violent *59felony offender, to a term of 3V2 to 7 years, unanimously affirmed.

Defendant’s contentions that the court excessively questioned witnesses, made inappropriate comments, and was biased in favor of the prosecution are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the court’s participation served to clarify the evidence…