Opinion
December 30, 1999
Appeal from Judgment of Wyoming County Court, Dadd, J. — Assault, 2nd Degree.
Judgment unanimously affirmed.
PRESENT: GREEN, J. P., PINE, PIGOTT, JR., SCUDDER AND CALLAHAN, JJ.
Memorandum:
The evidence, viewed in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620, 621), is legally sufficient to support defendant's conviction of assault in the second degree (Penal Law § 120.05; see, People v. Townsend, 248 A.D.2d 811, 812, lv denied 92 N.Y.2d 862; People v. Roberts, 91 A.D.2d 1099, 1100). County Court properly denied defendant's motion pursuant to CPL 330.30 to set aside the verdict based upon the jury's exposure to newspaper reports that correction officers were injured during a disturbance at Attica Correctional Facility. Although defendant was an inmate at that facility and was charged with assaulting a correction officer, the reports are unrelated to the instant offense and make no reference to defendant. "[T]he potential for prejudice from media publicity is most tenuous when it involves reports of similar crimes committed by other individuals, even members of a group associated with defendant" ( People v. Horney, 112 A.D.2d 841, 842, lv denied 66 N.Y.2d 615, citing People v. Moore, 42 N.Y.2d 421, cert denied 434 U.S. 987).
We reject the contentions in defendant's pro se supplemental brief that the verdict is contrary to the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495) and that trial counsel failed to provide meaningful representation ( see, People v. Baldi, 54 N.Y.2d 137, 147). We have examined the remaining contentions in the pro se supplemental brief and conclude that none requires reversal.