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THE PEOPLE, ETC., respondent, v. DARYLE MANIGAULT, a/k/a DARYLE MANIGOLD, appellant.

ORDERED that the judgment is affirmed.

The defendant has not preserved for appellate review his contention that the trial court's examination of witnesses during the trial, and comments during the prosecutor's summation, denied him a fair trial (see CPL 470.05; People v. Charleston, 56 N.Y.2d 886; People v. Gonzalez, 183 A.D.2d 783). In any event, the trial court's questioning was proper (cf. People v. Yut Wai Tom, 53 N.Y.2d 44, 45).

The defendant's remaining contentions are without merit.

SANTUCCI, J.P., SCHMIDT, TOWNES and COZIER, JJ., concur.

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PEOPLE v. MANIGAULT
(Sep 24, 2002)