Opinion
May 26, 2000.
Judgments, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered November 21, 1996, convicting defendant, after a jury trial, of robbery in the first degree and burglary in the second degree, and, upon his plea of guilty, of robbery in the first degree, sentencing him to three concurrent terms of 7½ to 15 years, unanimously affirmed.
Cheryl D. Harris, for respondent.
Kristina Schwarz, for defendant-appellant.
Before: Sullivan, P.J., Rosenberger, Williams, Wallach, Friedman, JJ.
With the consent of defendant and his counsel, the court properly responded to a note from the deliberating jury. Delegation of a ministerial matter, and the instruction to the jury of the fact that no transcript of the trial was available, did not constitute an improper delegation of judicial authority and was not a "mode of proceedings" error (compare, People v. Bonaparte, 78 N.Y.2d 26, with People v. Ahmed, 66 N.Y.2d 307).
Defendant's challenge to the court's Allen charge is unpreserved for appellate review and we decline to review this claim in the interest of justice. Were we to review defendant's claim, we would reject it. We note, however, that defendant requested the second Allen charge and declined the court's offer of a mistrial.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.