People v Tatro (Mark)

[*1] People v Tatro (Mark) 2005 NY Slip Op 51474(U) [9 Misc 3d 127(A)] Decided on September 16, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 16, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
2004-1122 OR CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

Mark Tatro, Appellant.

Appeal by defendant from judgments of the Justice Court, Town of Wallkill, Orange County (R. Shoemaker, J.), rendered on March 23, 2004, convicting him of failing to yield the right of way (Vehicle and Traffic § 1144 [a]), improper lane usage (Vehicle and Traffic Law § 1128 [a]) and making an improper right turn (Vehicle and Traffic Law §1160 [a]), and imposing sentences.

Judgments of conviction unanimously affirmed. [*2]

It is well settled that a trial judge has a vital role in clarifying confusing testimony and facilitating the orderly and expeditious progress of a trial, but that power should be used sparingly (People v Yut Wai Tom, 53 NY2d 44 [1981]). This function includes the obligation to encourage clarity in the development of the proof (Yut Wai Tom, 53 NY2d at 56). Contrary to defendant's contention, the record does not indicate that the court's participation in examining witnesses was extensive. The questions posed to the witnesses were within reasonable bounds and limited in scope for the purpose of clarifying the evidence adduced at trial. We find that the defendant was not deprived of a fair trial (see People v Prado, 1 AD3d 533 [2003]).
Decision Date: September 16, 2005