People v Robinson
2004 NY Slip Op 00272 [2 AD3d 1489]
January 20, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 24, 2004


The People of the State of New York, Respondent,
v
Keith Robinson, Also Known as Keith Roberts, Appellant.

Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered March 22, 2001, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him to a term of six years, unanimously affirmed.

Although the court's participation in examining witnesses was extensive, it was within reasonable bounds and did not deprive defendant of a fair trial. The court did not take on either the function or appearance of an advocate (see People v Arnold, 98 NY2d 63, 67 [2002]; People v Yut Wai Tom, 53 NY2d 44 [1981]).

The court properly exercised its discretion in imposing fair restrictions on cross-examination, primarily involving matters of form rather than substance, that did not interfere with defendant's defense (see Delaware v Van Arsdall, 475 US 673, 678-679 [1986]). Concur—Buckley, P.J., Mazzarelli, Saxe, Sullivan and Rosenberger, JJ.