Majority
Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the integrity of the deliberative process was impugned by the court’s management of a juror’s diabetes. Defendant’s argument that the court coerced the verdict is unpreserved and, in any event, the record does not indicate such coercion (cf., People v Diaz, 66 NY2d 744 ). In sending the court deputy to obtain a juror’s wife’s telephone number, the court did not delegate a judicial function (see, People v Bonaparte, 78 NY2d 26 ). Defendant was not denied his right to equal protection by the People’s use of peremptory challenges; the prosecutor articulated a neutral explanation for excusing the prospective jurors (see, People v Hernandez, 75 NY2d 350 , 355, affd 500 US —, 111 S Ct 1859). Defendant was not denied effective assistance of counsel (see generally, People v Rivera, 71 NY2d 705 , 709) nor was his sentence harsh and excessive. Defendant’s
Cases cited
- People v. Diaz 66 NY2d 744 p. 1029
- People v. Bonaparte 78 NY2d 26 p. 1029
- People v. Hernandez 75 NY2d 350 at 355 p. 1029
- Hernandez v. New York 111 S Ct 1859 p. 1029
- People v. Rivera 71 NY2d 705 at 709 p. 1029