PEOPLE v. PEREZ

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his claim that the trial court excessively interfered with the examination of witnesses ( see People v. Charleston, 56 NY2d 886; People v. Sevencan, 258 AD2d 485). In any event, while the court, at times, took an overly active role in the questioning, its conduct, "measured both qualitatively and quantitatively" ( People v. Yut Wai Tom, 53 NY2d 44, 55), did not deprive the defendant of a fair trial ( see People v. Bembury, 14 AD3d 575, 576; People v. Sevencan, supra). Moreover, the court did not assume the role of an advocate when it questioned witnesses, nor did it convey to the jury any opinion "`as to the credibility of the testimony of any witness or the merits of any issue in the case'" ( People v. Melendez, 227 AD2d 646, 647, quoting People v. Moulton, 43 NY2d 944, 945).