PEOPLE v. VALE

Ordered that the judgment is affirmed.

We disagree with the defendant's contention that the Trial Judge's questioning of defense witnesses, as well as certain comments he made during the trial, denied him a fair trial.

A Trial Judge is not prohibited from actively participating in the fact-finding process, although "care should be assiduously exercised lest the Trial Judge's conduct, in the form of words, actions or demeanor, does not divert or itself become an irrelevant subject of the jury's focus" (People v De Jesus, 42 N.Y.2d 519, 523; see, People v Jamison, 47 N.Y.2d 882; People v Bell, 38 N.Y.2d 116). On this record, it does not appear that the jury was prevented from arriving at an impartial verdict on the merits (see, People v Moulton, 43 N.Y.2d 944, 946; People v Gonzalez, 38 N.Y.2d 208, 210).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Thompson, J.P., Sullivan, Ritter and Joy, JJ., concur.