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.