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The PEOPLE of the State of New York, Respondent, v. Geoffrey BLANK, Defendant-Appellant.
Judgment of conviction (Anthony J. Ferrara, J.), rendered April 13, 2005, affirmed.
Defendant's conviction of attempted second-degree criminal contempt (Penal Law §§ 110.00/215.50[1],[3] ) was supported by legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the trial court's determinations concerning credibility (see People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). A trial court possesses broad power to manage its courtroom and maintain order and security (see People v. Jelke, 308 N.Y. 56, 123 N.E.2d 769 [1954]; Matter of Goldberg v. Extraordinary Special Grand Juries of Onondaga County, 69 A.D.2d 1, 418 N.Y.S.2d 695 [1979] ), and defendant's intentional disobedience of the court's prominently posted seating rules is firmly established in the record. Defendant's insolent behavior, occurring while the court was in session, was shown to have “directly tend[ed] to interrupt [the court's] proceedings [and] to impair the respect due to its authority” (Penal Law § 215.50[1] ). Nor did the court rule excluding unrepresented defendants from a designated seating area reserved solely for attorneys and police officers violate any constitutional imperative (see Posr v. Dolan, 2003 WL 22203738 [S.D.N.Y.2003] ). We have considered defendant's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
PER CURIAM:
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Decided: May 30, 2008
Court: Supreme Court, Appellate Term, New York.
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