Opinion
May 20, 1991
Appeal from the Supreme Court, Queens County (Hanophy, J.).
Ordered that the judgment is modified, as a matter of discretion in the interests of justice, by reducing the sentence imposed to a term of 5 to 10 years imprisonment; as so modified, the judgment is affirmed.
The defendant contends that he was deprived of a fair trial when the trial court directed a court employee to inform the jury that it was to commence its deliberations. By failing to register an objection to the court's action, the alleged error of which the defendant now complains is unpreserved for appellate review (see, CPL 470.05; People v Bowles, 168 A.D.2d 562; People v Johnson, 167 A.D.2d 422). In any event, the actions of the trial court did not deprive the defendant of his right to a fair trial. The court's instruction with respect to the commencement of the jury's deliberations concerned a "ministerial matter * * * [which] affected [neither] the organization of the court nor the mode of proceedings prescribed by law" (People v Bowles, supra, at 563; People v Johnson, supra; see also, People v Morman, 137 A.D.2d 838; cf., People v Torres, 72 N.Y.2d 1007; People v Ahmed, 66 N.Y.2d 307).
We find, however, that the sentence imposed was excessive to the extent indicated.
We have reviewed the defendant's remaining contentions and find them to be without merit. Kooper, J.P., Sullivan, Lawrence and Ritter, JJ., concur.