People v. Rodriguez

Judgment, Supreme Court, New York County (Marey L. Kahn, J.), rendered February 25, 2004, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

The record fails to support defendant’s contention that the court deprived him of a fair trial by assuming a prosecutorial role. “The court properly exercised its discretion when it advised the prosecutor to ask particular questions [of the police chemist], after determining that the prosecutor’s…