—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of one count of criminal contempt in the first degree (Penal Law § 215.51 [b] [v]) five counts of criminal contempt in the second degree (Penal Law § 215.50 [3]) and three counts of tampering with a witness in the fourth degree (Penal Law § 215.10). We reject the contention of defendant that he was denied a fair trial by juror misconduct. When each alleged instance of misconduct was brought to Supreme Court’s attention, the court conducted a thorough inquiry before determining that neither juror disqualification nor a mistrial was required (see, CPL 270.35; People v Ortiz, 54 NY2d 288, 292; People v Williams, 242 AD2d 917, 918, Iv denied 91 NY2d 899). We further conclude that defendant was not denied his constitutional right to a speedy trial. Defendant failed to show that his defense was impaired by reason of the delay (see, People v Taranovich, 37 NY2d 442, 445). Defendant was also not denied his statutory right to a speedy trial (see, CPL 30.30 [1] [a]; People v Stone, 265 AD2d 891, 892-893, Iv denied 94 NY2d 907). The sentence is neither unduly harsh nor severe. Defendant has failed to preserve his remaining contentions for our review (see, CPL 470.05 [2]), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Supreme Court, Erie County, Buscaglia, J. — Criminal Contempt, 1st Degree.) Present— Pigott, Jr., P. J., Green, Wisner, Kehoe and Burns, JJ.
The People of the State of New York, Respondent, v. Eric M. Gordon, Appellant
288 A.D.2d 909732 N.Y.S.2d 390
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