Opinion
April 19, 1993
Appeal from the Supreme Court, Queens County (Sherman, J.).
Ordered that the judgment is affirmed.
A review of the record reveals that trial counsel proceeded in as effective a manner as possible in view of the overwhelming evidence of the defendant's guilt. He made appropriate pretrial motions and obtained a Wade hearing. At trial, counsel vigorously cross-examined the People's witnesses, raised appropriate objections, delivered opening and closing statements consistent with his mistaken identity defense, and presented an expert witness on the defendant's behalf. In sum, the defendant received meaningful representation (see, People v Satterfield, 66 N.Y.2d 796, 798-799; People v Baldi, 54 N.Y.2d 137, 146-147; People v Konits, 159 A.D.2d 590, 591, lv denied 76 N.Y.2d 738, cert denied 498 U.S. 939; People v Cartagena, 128 A.D.2d 797, 798).
We are satisfied that the Trial Judge's participation in the questioning of witnesses was generally appropriate and did not rise to such an extent as to deny the defendant a fair and impartial trial (see, People v Watts, 159 A.D.2d 740; People v Jordan, 138 A.D.2d 407).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Eiber, J.P., O'Brien, Ritter and Copertino, JJ., concur.