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THE PEOPLE, res, v. RICHARD COSME, def-app

14-217. THE PEOPLE, res, v. RICHARD COSME, def-app — Judgment of conviction (John Cataldo, J.H.O.), rendered October 30, 2013, modified, as a matter of discretion in the interest of justice, to the extent of reducing the fine to $250; as modified, judgment of conviction affirmed.

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14-217. THE PEOPLE, res, v. RICHARD COSME, def-app — Judgment of conviction (John Cataldo, J.H.O.), rendered October 30, 2013, modified, as a matter of discretion in the interest of justice, to the extent of reducing the fine to $250; as modified, judgment of conviction affirmed.

Defendant failed to preserve his present contention that the trial court acted as a prosecutor and deprived him of his constitutional right to a fair trial (see People v. Kello, 96 NY2d 740 [2001]), and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits (see People v. DeLeyden, 10 NY2d 293 [1961]; People v. Hightower, 29 Misc 3d 131[A], 2010 NY Slip Op 51882[U] [App Term, 1st Dept 2010], lv denied 16 NY3d 831 [2011]).

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