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PEOPLE v. BRICKHOUSE

Appellate Division of the Supreme Court of New York, Second Department.
Dec 16, 1991

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, we find that the court's direction to the court officer that "the jurors should be instructed not to deliberate anymore until I tell them to" was not an improper delegation of judicial authority (see, People v Nacey, 78 N.Y.2d 990; People v Bonaparte, 78 N.Y.2d 26). There is no indication on the record that the court officer's communications to the jury in attempting to carry out those instructions were anything other than ministerial (see, People v Nacey, supra; People v Bonaparte, supra).

The defendant's remaining contentions are unpreserved for appellate review and we decline to review them in the exercise of our interest of justice jurisdiction. Kunzeman, J.P., Eiber, Miller and Ritter, JJ., concur.