PEOPLE v. HARTZOG

ORDERED that the judgment is affirmed.

The defendant's contention that the court improperly interjected itself into the proceedings is unpreserved for appellate review and, in any event, without merit. The court's questioning of witnesses facilitated an orderly progression of the trial, and the minimal interjections were proper ( see, People v. Yut Wai Tom, 53 N.Y.2d 44).

The court did not improvidently exercise its discretion in denying the defendant youthful offender status for this senseless and vicious crime despite his eligibility for such treatment ( see, People v. Vera, 206 A.D.2d 494; People v. Barr, 168 A.D.2d 625). Moreover, the sentence is not excessive or unduly harsh ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit.