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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM TERRY, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant contends that he was denied a fair trial by the presence of two deputies seated behind him in the courtroom during readback of testimony and portions of the trial court's charge to the jury. When courtroom security measures are challenged as inherently prejudicial, the question arises whether the security measures presented a risk that the jury's deliberations were infected. We find no such risk of infection here (see, Holbrook v Flynn, 475 U.S. 560, 570). The presence of deputies in the courtroom, without more, was not inherently prejudicial (see, People v Brown, 136 A.D.2d 1, 13, lv denied 72 N.Y.2d 857, cert denied 488 U.S. 897; Holbrook v Flynn, supra). Moreover, the record does not disclose, directly or by inference, that the jury's verdict was affected by the presence of the deputies.

We have examined defendant's other contentions and find them to be without merit.

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PEOPLE v. TERRY
(Dec 30, 1992)