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People v. White

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 11, 2004
4 A.D.3d 839 (N.Y. App. Div. 2004)

Opinion

KA 01-02411.

February 11, 2004.

Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.), rendered May 17, 2001. The judgment convicted defendant, upon a jury verdict, of criminal contempt in the first degree and harassment in the second degree.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (KRISTIN M. PREVE OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (RAYMOND C. HERMAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Before: PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, SCUDDER, AND KEHOE, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal contempt in the first degree (Penal Law § 215.51 [b] [v]) and harassment in the second degree (§ 240.26 [1]). Contrary to defendant's contention, County Court did not improperly delegate a judicial function when it used a court officer "to request jury clarification of a facially unclear note" ( People v. Thomas, 190 A.D.2d 541, 542, lv denied 81 N.Y.2d 1021). "[T]here is no proof in the record that the court officer delivered any instructions to the jury or performed any functions `other than ministerial in nature'" ( People v. Coles, 249 A.D.2d 32, 32-33, lv denied 92 N.Y.2d 849; see People v. Bartlett, 160 A.D.2d 245, 246-247, lv denied 76 N.Y.2d 852). We reject defendant's additional contention that the court failed to charge the jury properly with respect to criminal contempt in the first degree ( see CJI2d [NY] Penal Law § 215.51 [b] [v]). Defendant failed to preserve for our review his contention that the conviction is not supported by legally sufficient evidence ( see People v. Gray, 86 N.Y.2d 10, 19). We further conclude that the verdict is not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490, 495) and that defendant received meaningful representation ( see People v. Baldi, 54 N.Y.2d 137, 147). Finally, the sentence is not unduly harsh or severe.


Summaries of

People v. White

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 11, 2004
4 A.D.3d 839 (N.Y. App. Div. 2004)
Case details for

People v. White

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. RAYMOND WHITE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 11, 2004

Citations

4 A.D.3d 839 (N.Y. App. Div. 2004)
771 N.Y.S.2d 759