Opinion
March 24, 1994
Appeal from the Supreme Court, New York County (Ronald Zweibel, J.).
Defendant's claim that he was denied a fair trial because a court officer spoke to a juror about a personal matter is not preserved for appellate review as a matter of law (CPL 470.05; see, People v. Hodges, 173 A.D.2d 644, lv denied 78 N.Y.2d 1011), and we decline to review the issue in the interest of justice. If we were to review, we would note that not every communication with a deliberating juror requires the participation of the court or the presence of the defendant (People v. Bonaparte, 78 N.Y.2d 26, 30), and that the brief exchange here involving a personal matter could not have influenced the juror's deliberations (compare, People v. Rukaj, 123 A.D.2d 277).
Concur — Sullivan, J.P., Carro, Ellerin, Asch and Tom, JJ.