People v. Smith

—Judgment, Supreme *128Court, New York County (Charles Tejada, J.), rendered August 11, 1994, convicting defendant, after a jury trial, of rape in the first degree and sodomy in the first degree, and sentencing him to concurrent terms of 81/s to 25 years, unanimously affirmed.

The court properly permitted the court clerk, with the consent of the parties, to ask the jury to submit a note indicating whether or not they still wished a response to their inquiry sent immediately prior to a note indicating that they had reached a verdict, since the clerk’s action was purely ministerial (see, People v…