Opinion
January 26, 1993
Appeal from the Supreme Court, New York County (Rose Rubin, J.).
The evidence at trial that undercover police officers observed the codefendant pick the victim's pocket after which defendant shoved the victim to prevent pursuit was sufficient to establish the element of force under Penal Law § 160.00 (1) (see, People v Tellis, 156 A.D.2d 260, lv denied 76 N.Y.2d 743). Defendant failed to demonstrate that a missing witness charge was warranted and, in any event, waived whatever right he may have had by failing to make a timely request therefor (see, People v. Gonzalez, 68 N.Y.2d 424, 427-428). Defendant's remaining claims are unpreserved and without merit. The court's oral exchange with the foreperson, who indicated that a verdict could be rendered if the jury were to briefly resume deliberations, was not error, involving as it did only a ministerial matter that had no substantative impact on deliberations, and did not prevent defense counsel from participating meaningfully, at trial (People v. Backus, 184 A.D.2d 231, lv denied 80 N.Y.2d 926).
Concur — Murphy, P.J., Milonas, Ellerin, Ross and Kassal, JJ.