The court's questioning of a witness was reasonably limited to clarifying the People's prior confusing questions and eliciting relevant facts (People v. Rivera, 201 A.D.2d 385, lv denied 83 N.Y.2d 914). Defendant's challenge to the court's charge is unpreserved for appellate review and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court's missing witness instruction, read as a whole, conveyed the appropriate standards.
Concur — Ellerin, J. P., Nardelli, Mazzarelli and Andrias, JJ.