PEOPLE v. BATAGLIA

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his contention that the court improperly participated in the trial proceedings ( see, CPL 470.05; People v Wright, 221 AD2d 577). He has failed to establish his claim of ineffective assistance of trial counsel since "the evidence, the law, and the circumstances * * * viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation" ( People v Baldi, 54 NY2d 137, 147).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.